H.R. 1583, The Occupational Safety and Health Fairness Act of 2003 Small Business and Workplace Safety: hearing before the Subcommittee on Workforce Protections of the Committee on Education and the Workforce, House of Representatives, One Hundred Eighth Congress, first session, hearing held in Washington, DC, June 17, 2003U.S. Government Printing Office, 2003 - 194 páginas |
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Palavras e frases frequentes
16 BNA OSHC 2d Cir 5th Cir abatement adjudication American AMERICAN BAR ASSOCIATION Amici AMICUS CURIAE apply attorneys Biggert bill CCH OSHD CF&I Steel Charlie Norwood Civil Procedure 60 Commission's Congress Constr contest a citation decision deemed deference enforcement equitable tolling excusable neglect FED.R.CIV.P Federal Mine Safety Federal Rule FEDERATION OF INDEPENDENT final judgment final order FMSHRC Frois Builder Health Act Health Fairness Act Health Review Commission INDEPENDENT BUSINESS interpretation issue JUNE 16 jurisdiction Landon litigation Majette McWane Molovich NATIONAL FEDERATION NFIB Legal Foundation notice of contest Occupational Safety OSH Act OSHA citation OSHA law OSHA's OSHRC Owens Potlatch Corp proceeding provisions re-open reason relief requirements Rule 60 Rule of Civil Safety and Health Sapper Second Circuit Secretary of Labor Secretary's section 10(a Senator small business small employers standard stare decisis statement statute Steelworkers of America Subcommittee on Workforce U.S. House uncontested citation United Steelworkers violation Workforce Protections workplace
Passagens conhecidas
Página 181 - ... newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b...
Página 178 - ... any employee or representative of employees files a notice with the Secretary alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the Secretary shall immediately advise the Commission of such notification, and the Commission shall afford an opportunity for a hearing (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a) (3) of such section).
Página 121 - For purposes of this section, a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
Página 179 - The principal office of the commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the commission may hold special sessions in any part of the United States.
Página 181 - Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment.
Página 181 - On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect...
Página 181 - Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.
Página 178 - Secretary that he intends to contest the notification or proposed assessment of penalty, the notification and assessment, as proposed, shall be deemed a final order of the Commission and not subject to review by any court or agency.
Página 179 - A member appointed to fill a vacancy caused by the death, resignation, or removal of a member prior to the expiration of the term for which he was appointed, shall be appointed only for the remainder of such unexpired term. The members of the Board may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.
Página 178 - If, within fifteen working days from the receipt of the notice issued by the Secretary the employer fails to notify the Secretary that he intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under subsection (c) within such time, the citation and the assessment, as proposed, shall be deemed a final order of the Commission and not subject to review by any court or agency.