For clients and friends of Jackson Kelly PLLC
Volume 10, Number 16
©2014 Jackson Kelly PLLC
On April 7, 2014, Senator Rand Paul introduced the Protect Small Business Jobs Act (S. 2216). The bill follows a similar bill introduced in the House in February 2013 by Representative Kerry Bentivolio. Like the House Bill, the Senate Bill would provide significant relief for small businesses that are faced with regulatory enforcement actions, such as citations issued by OSHA and MSHA.
Under the proposed bill, a federal agency would be required to first provide notice to a small business of a potential regulatory sanction and then provide a 6‑month grace period to comply with the regulation. If the violation can be remedied, the citation would be vacated. Small businesses could also seek an additional 3 month extension to remedy the violation when they can demonstrate that reasonable good-faith efforts to remedy the violation have been made.
While the bill broadly applies to all agencies, it does exempt certain types of violations and enforcement actions. The grace period would not apply to any violation that puts anyone in imminent danger, as defined by the Occupational Safety and Health Act, 29 U.S.C. § 662.
Small businesses are defined in the bill as those with fewer than $10 million in gross receipts the preceding calendar year, those with fewer than 200 employees, or those businesses that are considered a small-business concern (as defined under section 3(a) of the Small Business Act (15 U.S.C. § 632(a)). Small businesses face a disproportionate cost burden in complying with regulations, particularly in non-service based industries. Offering a grace period would significantly reduce such costs.
This article was authored by Meredith A. Kapushion, Jackson Kelly PLLC. For more information on the author, click here.
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado
Responsible Attorney
Kristin R.B. White
(303) 390-0006
kwhite@jacksonkelly.com
For more information, contact:
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Laura E. Beverage (303) 390-0003
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Karen L. Johnston (303) 390-0008 |
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R. Henry Moore (412) 434-8801 |
Michael T. Cimino (304) 340-1000 |
The Jackson Kelly PLLC Occupational Safety & Health News-Alert is for informational purposes only and not for the purposes of offering legal advice or a legal opinion on any matter. No reader should act or refrain from acting on the basis of any statement in the Jackson Kelly PLLC Occupational Safety & Health News-Alert without seeking advice from qualified legal counsel on the particular facts and circumstances involved.
If you or others would like to receive future copies of the Jackson Kelly PLLC Occupational Safety & Health News-Alert via e-mail, please send your name, job title, and company name, along with your e-mail address, to Janet Kosman at jlkosman@jacksonkelly.com. You may also call her at (303) 390-0038.
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The Rules of the Kentucky Supreme Court require the following: THIS IS AN ADVERTISEMENT.
KRISTIN R.B. WHITE IS RESPONSIBLE FOR THE CONTENTS OF THIS ALERT.
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