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 -- (Extensions of Remarks - July 20, 2005)
SPEECH OF
HON. BETTY McCOLLUM
OF MINNESOTA
IN THE HOUSE OF REPRESENTATIVES
TUESDAY, JULY 12, 2005
Ms. McCOLLUM of Minnesota. Mr. Speaker, I rise in strong opposition to H.R. 739, H.R. 740, H.R. 741, and H.R. 742.
Today, America's workers need the protections provided under the Occupational Safety and Health Act more than ever. Each year, 6,000 workers die in workplace-related accidents, and 50,000-60,000 people die from illnesses caused by their jobs. The protections in OSHA ensure what our Nation's workforce has fought for and deserves--a safe and healthy workplace.
Instead of strengthening these worker protections, the bills before us today are an attack on the very intent of these important safeguards.
The first bill, H.R. 739, excuses employers that fail to respond to OSHA citations within the 15-day deadline. The Occupational Safety and Health Review Commission (OSHRC) already has the authority to review missed deadlines on a case-by-case basis. This change removes the incentive for employers to quickly respond to hazards. Meanwhile, the safety and health of workers hang in the balance.
H.R. 740 seeks to expand OSHRC to five members and require that all members be lawyers. Since the Comnission was established in 1970, it has been composed of three members and has benefited from the expertise of those not holding law degrees. This change inaccurately reflects the workload and responsibilities of OSHRC and unfairly excludes the contributions of members with strong backgrounds in safety and health.
H.R. 741 transfers the authority to bring cases to the Court of Appeals and the Supreme Court from the Secretary of Labor to OSHRC. This modification overturns a 1991 Supreme Court decision and undermines the Secretary's responsibility to enforce OSHA policies.
The biggest blow delivered by H.R. 742 requires OSHA to pay attorney's fees for every case it does not win, regardless of why the case lost or how well-justified it was. This places the burden of these cases squarely on the taxpayer and leaves America's workforce more vulnerable than ever.
The substitute amendment offered by Congressman GEORGE MILLER to raise the minimum wage has my full support. It is unacceptable that employees working 40 hours a week, 52 weeks a year, for minimum wage earn only $10,700 a year--$3,400 below the poverty line for a family of three. American full-time, full-year workers should not be forced to raise their families in poverty. It is unfortunate that this amendment was not made in order by the Republican leadership, as this raise would have benefited over 11 million American workers and their families.
The hard-working men and women of this country deserve to be protected and safe in the workplace, Mr. Speaker. That is why I urge my colleagues to vote against these ill-conceived bills.
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