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.
Latest action. Referred to Senate Committee on Labor and Human Resources.
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.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on April 16, 1980. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on April 16, 1980: Referred to Senate Committee on Labor and Human Resources.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 96th Congress (1979-80), 613 of the 12,581 bills and joint resolutions introduced became law, about 4.9 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
JAMES THURMOND (R-SC) introduced it on April 16, 1980, and 3 members have since signed on as cosponsors.
They come from both major parties: 1 Democrat, 2 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on April 16, 1980, 16948 days ago. The most recent recorded action was 16948 days ago, on April 16, 1980.
Measures do not carry over. Anything the 96th Congress has not finished by January 3, 1981 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers