Occupational Safety and Health Small Employer Access to Justice Act of 2005
Pursuant to the provisions of H. Res. 351, H.R. 742 is laid on the table.
Congressional Research Service
Official summary
Version 29 · Reported to House without amendment, Part II · May 20, 2005
(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
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.
Considered as unfinished business. (consideration: CR H5708-5709)
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 742, the Chair put the question on adoption of the bill and by voice vote, announced that the ayes had prevailed. Mr. Owens demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the bill until later in the legislative day.
The previous question was ordered pursuant to the rule. (consideration: CR H5706)
DEBATE - The House proceeded with one hour of debate on H.R. 742.
Rule provides for consideration of H.R. 739, H.R. 740, H.R. 741 and H.R. 742. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The rule provides for separate consideration in the House of H.R. 739, H.R. 740, H.R. 741 and H.R. 742. The rule provides one hour of general debate for each bill, equally divided and controlled. The amendments in the nature of a substitute recommended by the Committee on Education and the Workforce now printed in H.R. 740 and H.R. 741, shall be considered as adopted. Measure will be considered read. Bill is closed to amendments. In the engrossment of H.R. 739, the Clerk shall add the texts of H.R. 740, H.R. 741, and H.R. 742, as passed by the House, as new matter at the end of H.R. 739, and then lay on the table H.R. 740, H.R. 741, and H.R. 742. If H.R. 739 is disposed of without reaching the stage of engrossment...
Considered under the provisions of rule H. Res. 351. (consideration: CR H5698-5706)
Rule H. Res. 351 passed House.
Rules Committee Resolution H. Res. 351 Reported to House. Rule provides for consideration of H.R. 739, H.R. 740, H.R. 741 and H.R. 742. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The rule provides for separate consideration in the House of H.R. 739, H.R. 740, H.R. 741 and H.R. 742. The rule provides one hour of general debate for each bill, equally divided and controlled. The amendments in the nature of a substitute recommended by the Committee on Education and the Workforce now printed in H.R. 740 and H.R. 741, shall be considered as adopted. Measure will be considered read. Bill is closed to amendments. In the engrossment of H.R. 739, the Clerk shall add the texts of H.R. 740, H.R. 741, and H.R. 742, as passed by the House, as new matter at the end of H.R. 739, and then lay on the table H.R. 740, H.R. 741, and H.R. 742. If H.R. 739 is disposed of without reaching the stage of engrossment...
Placed on the Union Calendar, Calendar No. 46.
Reported by the Committee on Judiciary. H. Rept. 109-61, Part II.
Reported by the Committee on Judiciary. H. Rept. 109-61, Part II.
Ordered to be Reported by the Yeas and Nays: 18 - 11.
Committee Consideration and Mark-up Session Held.
House Committee on Judiciary Granted an extension for further consideration ending not later than May 20, 2005.
Referred sequentially to the House Committee on the Judiciary for a period ending not later than May 6, 2005 for consideration of such provisions of the bill as fall within the jurisdiction of that committee pursuant to clause 1(l), rule X.
Reported by the Committee on 109-61, Part I.
Reported by the Committee on 109-61, Part I.
Ordered to be Reported by the Yeas and Nays: 27 - 18.
Committee Consideration and Mark-up Session Held.
Referred to the House Committee on Education and the Workforce.
Introduced in House
Introduced in House
Primary sources
Bill text & related measures
Text links open the official source. We currently store references to these documents.
Source last updated: Jul 21, 2025. Consult Congress.gov for the current record.
AI Conversation Starters
Explore the bill from different angles
Choose a perspective, copy a prompt, and paste it into your preferred AI. Each prompt includes the bill version and available official source links, and asks for counterarguments as well as supporting evidence.
Neutral evidence review
Objective
Analyze H.R.742 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
View full prompt & sources
Fairness and public impact
Progressive lens
Examine H.R.742 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.
View full prompt & sources
Institutions and government scope
Conservative lens
Examine H.R.742 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.
View full prompt & sources
Individual rights and government power
Liberty lens
Examine H.R.742 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.