Providing for Consideration of H.R. 739, H.R. 740, H.R. 741, H.R. 742
PROVIDING FOR CONSIDERATION OF H.R. 739, OCCUPATIONAL SAFETY AND HEALTH SMALL BUSINESS DAY IN COURT ACT OF 2005; H.R. 740, OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION EFFICIENCY ACT OF 2005; H.R. 741, OCCUPATIONAL SAFETY AND HEALTH INDEPENDENT REVIEW OF OSHA CITATIONS ACT OF 2005; H.R. 742, OCCUPATIONAL SAFETY AND HEALTH SMALL EMPLOYER ACCESS TO JUSTICE ACT OF 2005 -- (House of Representatives - July 12, 2005)
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Mr. HONDA. Mr. Speaker, I rise today to oppose efforts to pass legislation that will harm the American worker. Republicans are again bringing forward bills that would rollback worker safety regulations under the jurisdiction of the Occupational Safety and Health Administration (OSHA). All four of the bills being voted on today passed the House in the 108th Congress, but the Senate very reasonably did not even hold mark-ups on these bills.
The four bills are coming up notwithstanding the fact that we are at a point in time when workplace safety remains a critical national problem. Almost 6,000 workers a year die due to workplace accidents and another estimated 50,000 to 60,000 die every year due to occupational illnesses. Sadly, the bills on floor today will endanger the lives of even more workers by: making it easier for employers to challenge OSHA citations, unnecessarily expanding the OSHA Review Commission, undermining the enforcement authority of the Secretary of Labor, and punishing OSHA for substantially justified enforcement actions if the agency does not completely prevail.
More specifically, H.R. 739 rolls back OSHA's ability to enforce the law. One of the principle purposes of the Occupational Safety and Health Act is ``to assure so far as possible every working man and woman in the nation, safe and healthful working conditions.'' This bill would have the effect of delaying the timely abatement of unsafe working conditions, by encouraging employers to litigate citations rather than correct health and safety hazards.
H.R. 740 is an attempt to stack the Occupational Safety and Health Review Commission with Republican nominees by expanding it from three to five members (with the newest members to be appointed by the Bush Administration). The Commission has functioned with three members since its establishment in 1970 and there has never been a demonstrated need for additional commissioners.
H.R. 741 reduces the authority of the Secretary of Labor to issue citations. This bill overturns a unanimous 1991 Supreme Court decision in Martin v. OSHRC, which held that the Labor Department should be given deference in interpreting worker safety laws.
Finally, H.R. 742 would require OSHA to pay attorneys' fees and costs for certain employers in any case in which OSHA did not prevail, regardless of the reason why the agency did not prevail. OSHA would be required to pay even if the agency was substantially justified in bringing the complaint which will have the effect of dissuading OSHA from pursuing many legitimate claims.
Mr. Speaker, since taking office in January 2001, the Bush Administration has turned its back on workers and workplace safety. The Administration started its assault on worker safety soon after taking office by repealing OSHA's ergonomics standard. I view this week's attempt to rollback worker safety regulations as another example of the Administration's misguided priorities.
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