A bill to amend the Occupational Safety and Health Act of 1970 to assure equal protection for small businesses and to provide that certain employers who successfully contest citations or penalties under that Act will be awarded reasonable attorneys' fees and other reasonable costs.

Summary

Amends the Occupational Safety and Health Act of 1970 to provide that a small business employer who successfully contests a citation or penalty shall be awarded a reasonable attorney's fee and other reasonable litigation costs. Authorizes the Occupational Safety and Health Review Commission (in the case of a hearing) or the appropriate court (in the case of a civil action) to deny such awards upon a finding that the position of the Secretary of Labor or of the United States as a party to the proceeding was substantially justified or that special circumstances make an award unjust. Authorizes the Commission or the court to reduce or deny such awards to the extent that the employer during the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy. Directs the Commission to establish procedural rules for submission and consideration of applications for such awards. Permits dissatisfied parties to petition for leave to appeal to the appropriate court to review the merits of the Commission's determination with respect to such awards. Prohibits any appeal from the court's denial of such a petition. Allows the court, if a petition is granted, to modify the Commission's determination only upon finding an abuse of discretion. Directs the Secretary to pay such awards from sums appropriated to the Occupational Safety and Health Administration. Prohibits the appropriation of any sums to the Administration specifically for the purpose of paying such awards. Directs the Secretary to report annually to the Congress on the number, nature and amount of such awards during the preceding fiscal year.

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1 official file

• Introduced in Senate

  summary · EN · 16 April 1980

  Open at official source

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