Occupational Safety and Health Small Employer Access to Justice Act of 2005
Sponsor: CHARLES NORWOOD (R-GA)
Occupational Safety and Health Small Employer Access to Justice Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to provide for the award of attorney's fees and costs to certain small employers when they prevail in specified administrative or court proceedings. Requires such awards to prevailing employers if they had not more than 100 employees and a net worth of not more than $7 million at the time of: (1) the initiation of the administrative proceedings (in the case of an adversary adjudication); or (2) the filing of the action addressed in the court proceedings (in the case of judicial review of an administrative action). Provides for such awards without regard to whether the position of the Secretary of Labor or the federal government was substantially justified or whether special circumstances make an award unjust.
Labor and Employment Topic assigned by the Congressional Research Service.
Who won, and how much of the country was behind them
The dotted gap is 3.0% of U.S. adults whose member did not vote, voted “present,” or whose seat was vacant.
| Side | Outcome | Votes | Share of U.S. adults |
|---|---|---|---|
| Yea | Won | 235 | 55.2% |
| Nay | Lost | 187 | 41.8% |
| Not represented on this question | No position taken | 0 | 3.0% |