text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Occupational Safety and Health- 
  Fairness Act of 2003''.
  
  SEC. 2. CONTESTING CITATIONS UNDER THE OCCUPATIONAL SAFETY AND HEALTH 
                ACT.
  
      (a) Citation.--The second sentence of section 10(a) of the 
  Occupational Safety and Health Act of 1970 (29 U.S.C. 659(a)) is 
  amended by inserting ``(unless such failure results from mistake, 
  inadvertence, surprise, or excusable neglect)'' after ``assessment of 
  penalty''.
      (b) Failure to Correct.--The second sentence of section 10(b) of 
  the Occupational Safety and Health Act of 1970 (29 U.S.C. 659(b)) is 
  amended by inserting ``(unless such failure results from mistake, 
  inadvertence, surprise, or excusable neglect)'' after ``assessment of 
  penalty''.
  
  SEC. 3. WILLFUL VIOLATIONS.
  
      Section 17(a) of the Occupational Safety and Health Act of 1970 (29 
  U.S.C. 666(a)) is amended by inserting at the end, ``A violation is 
  willful only if the employer (1) knew that the alleged condition 
  violated a standard, rule, order or regulation and, without a good 
  faith belief in the legality in its conduct, knowingly disregarded the 
  requirement of the standard, rule, order, or regulation, or (2) knew 
  that employees were, or that it was reasonably predictable that 
  employees would be, exposed to a hazard causing or likely to cause 
  death or serious physical injury and recklessly disregarded the 
  exposure of employees to that hazard.''.
  
  SEC. 4. FAIRNESS OF PENALTY ASSESSMENT
  
      Section 17(j) of the Occupational Safety and Health Act of 1970 (29 
  U.S.C. 666(j)) is amended--
              (1) by inserting the words, ``and de novo'' after the word 
          ``due''; and
              (2) striking all after the word ``consideration'' and 
          inserting in lieu thereof: ``to the evidence of the 
          appropriateness of the penalty with respect to at least the 
          following factors:
              ``(1) the size and financial condition of the business of 
          the employer;
              ``(2) the gravity of the violation, considering the 
          probability of harm, the nature and extent of the harm, the 
          number of affected employees, and other relevant factors;
              ``(3) the good faith of the employer, including the 
          employer's good faith efforts to comply or abate;
              ``(4) the history and recentness of substantially similar 
          previous violations of the cited employer at the same 
          nonconstruction worksite and at construction worksites within 
          the same State; and
              ``(5) the degree of responsibility or culpability for the 
          violation of the employer, the employees, and/or other 
          persons.''.
  
  SEC. 5. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.
  
      (a) Amendments.--Section 12 of the Occupational Safety and Health 
  Act of 1970 (29 U.S.C. 661) is amended as follows:
              (1) In subsection (a), by striking the word ``three'' and 
          inserting in lieu thereof, the word ``five;'' and inserting 
          before the word ``training'' the word ``legal''.
              (2) In subsection (b) by striking all after the words 
          ``except that'' and inserting in lieu thereof, ``the President 
          may extend the term of a member to allow a continuation in 
          service at the pleasure of the President after the expiration 
          of that member's term until a successor nominated by the 
          President has been confirmed to serve. Any vacancy caused by 
          the death, resignation, or removal of a member before the 
          expiration of a term, for which he or she was appointed shall 
          be filled only for the remainder of such expired term. A member 
          of the Commission may be removed by the President for 
          inefficiency, neglect of duty, or malfeasance in office.
              (3) Subsection (f) is amended to read as follows:
      ``(f) The Chairman of the Commission is authorized to delegate to 
  any panel of three or more members any or all of the powers of the 
  Commission. For the purpose of carrying out its functions under this 
  chapter, 3 members of the Commission shall constitute a quorum, except 
  that 2 members shall constitute a quorum for any sub-panel designated 
  by the Chairman under this subsection.''.
      (b) New Positions.--Of the two vacancies for membership on the 
  Commission created by this section, one shall be filled by the 
  President for a term expiring on April 27, 2006, and the other shall be 
  filled by the President for a term expiring on April 27, 2008.
  
  SEC. 6. AWARD OF ATTORNEY'S FEES AND COSTS.
  
      The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 and 
  following) is amended by redesignating section 32 through 34 as 33 
  through 35 and inserting the following new section after section 31:
  
  ``SEC. 32. AWARD OF ATTORNEYS' FEES AND COSTS.
  
      ``(a) Administrative Proceedings.--An employer who--
              ``(1) is the prevailing party in any adversary adjudication 
          instituted under this Act, and
              ``(2) had not more than 100 employees and a net worth of 
          not more than $1,500,000 at the time of the adversary 
          adjudication was initiated,
  shall be awarded fees and other expenses as a prevailing party under 
  section 504 of title 5, United States Code, in accordance with the 
  provisions of that section, but without regard to whether the position 
  of the Secretary was substantially justified or special circumstances 
  make an award unjust. For purposes of this section the term `adversary 
  adjudication' has the meaning given that term in section 504(b)(1)(C) 
  of title 5, United States Code.
      ``(b) Proceedings.-- An employer who--
              ``(1) is the prevailing party in any proceeding for 
          judicial review of any action instituted under this Act, and
              ``(2) had not more than 100 employees and a net worth of 
          not more than $1,500,000 at the time the action addressed under 
          subsection (1) was filed,
  shall be awarded fees and other expenses as a prevailing party under 
  section 2412(d) of title 28, United States Code, in accordance with the 
  provisions of that section, but without regard to whether the position 
  of the United States was substantially justified or special 
  circumstances make an award unjust. Any appeal of a determination of 
  fees pursuant to subsection (a) of this subsection shall be determined 
  without regard to whether the position of the United States was 
  substantially justified or special circumstances make an award unjust.
      ``(c) Applicability.--
              ``(1) Commission proceedings.--Subsection (a) of this 
          section applies to proceedings commenced on or after the date 
          of enactment of this Act.
              ``(2) Court proceedings.--Subsection (b) of this section 
          applies to proceedings for judicial review commenced on or 
          after the date of enactment of this Act.''.
  
  SEC. 7. INDEPENDENT REVIEW.
  
      Section 11(a) of the Occupational Safety and Health Act of 1970 (29 
  U.S.C. 660) is amended by adding the following at the end thereof: 
  ``The conclusions of the Commission with respect to all questions of 
  law shall be given deference if reasonable.''.
target: Occupational Safety and Health Fairness Act of 2003 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise requirements relating to enforcing, contesting, reviewing, and adjudicating citations, failures to correct violations, and assessments of penalties.Exempts employers from a 15-day deadline for notifying the Secretary of Labor of their intent to contest OSHA citations, notices of uncorrected violations, and proposed penalties, if their failure to meet such deadline results from mistake, inadvertence, surprise, or excusable neglect.Limits what may be considered willful violations under OSHA.Requires the Occupational Safety and Health Review Commission (OSHRC) to give de novo consideration to evidence of the penalty's appropriateness with respect to these factors: (1) size and financial condition of the business of the employer; (2) gravity of the violation, considering probability of harm, nature and extent of the harm, number of affected employees, and other relevant factors; (3) employer's good faith, including efforts to comply or abate; (4) history and recentness of substantially similar previous violations of the cited employer at the same nonconstruction worksite and construction worksites in the same State; and (5) the employer's, employees', or other persons' degree of responsibility or culpability for the violation.Increases OSHRC membership from three to five.Awards attorney's fees and costs to a prevailing employer in an administrative adversary adjudication, or a judicial review of an action, instituted under OSHA, if at the time such adjudication was initiated or such action filed the employer had not more than: (1) 100 employees; and (2) $1,500,000 net worth.Revises judicial review provisions to require deference to be given to reasonable OSHRC conclusions with respect to all questions of law.
feat_title: To amend the Occupational Safety and Health Act of 1970 to provide for adjudicative improvement, and for other purposes.