Chamber Pushes for Small Business Protections

Chamber Pushes for Small Business Protections-Narrow OSHA Reform Needed to Ensure Fairness in Enforcement

WASHINGTON, D.C. – The United States Chamber of Commerce told lawmakers that enforcement of the Occupational Health and Safety Act falls disproportionately on small businesses – which are the least able to defend themselves against unfair charges – in testimony before the House Subcommittee on Workforce Protections and urged Congress to enact the Occupational Safety and Health Act of 2003.

"Large employers can afford to hire lawyers and prove their innocence, but small employers have no such option," said Arthur Sapper, a member of the OSHA Practice Group of the law firm of McDermott, Will and Emery and a member of the Chamber's Labor Relations Committee.

"The result is occasional justice for large employers and no justice for small ones. I have seen with my own eyes small employers who have to accept OSHA citations and penalties that the Commission would throw out if it were free to do so," said Sapper. "I have had to tell small employers and medium-size employers, 'Yes, you are right, OSHA is wrong, but you can't afford to prove it.'"

The Occupational Safety and Health Fairness Act of 2003 (H.R. 1583), introduced by Charlie Norwood (R-GA), Chairman of the House Workforce Protections Subcommittee, would address many of the enforcement inequities in the current system, according to the Chamber. It would improve the ability of small employers to respond to charges, provide for reimbursement of their attorney fees and costs when they prove their innocence, and more clearly define guidelines for penalty assessments and violations.

"H.R. 1583 is a moderate and limited bill. It is narrowly targeted at some of the worse problems with OSHA enforcement," Sapper emphasized. "Yet it will make an important improvement in the OSHA Act, for it will enhance public respect for the fairness of OSHA enforcement, which is essential if the Act is to be effective."

The U.S. Chamber of Commerce is the world's largest business federation representing more than three million businesses and organizations of every size, sector and region.

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