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ask.heather@mail.house.gov

In Washington DC
442 Cannon House
Office Building
Washington, DC
20515
202-225-6316 Phone
202-225-4975 Fax
In Albuquerque
20 First Plaza NW
Suite 603
Albuquerque, NM
87102
505-346-6781 Phone
505-346-6723 Fax

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Congresswoman Heather Wilson, First Congressional District of New Mexico


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Wilson Works to Promote Jobs through Fair Regulation July 13, 2005
 
Congresswoman Says OSHA Improvements Give Recourse to Small Businesses
  Washington, DC – Congresswoman Heather Wilson is working for fair regulation for the small businesses that create nearly eight of every 10 new jobs in America. Wilson supported four bills that passed the U.S. House of Representatives late Tuesday to improve the Occupation Safety and Health Administration’s (OSHA) services to small businesses.  Similar measures were passed by the House last year. The four bills now await action by the Senate. “Small businesses are the engine of our economy,” Wilson said. “Government can`t create wealth, but it can create the conditions for small businesses and entrepreneurs to create jobs.  That means fair regulations and lower taxes.” The four bills restore balance to government oversight of small businesses by establishing four important principles: The owners of a small business deserve their day in court. The Occupational Safety and Health Small Business Day in Court Act (H.R. 739) gives the Review Commission authority to grant exceptions to the 15-day deadline, so small businesses can have their day in court. Employers have 15 days to file responses to OSHA citations, but currently the law makes no allowance for mistakes or other issues that could lead to an extended deadline. The bill essentially codifies an administrative action taken by the Labor Department last year. A small business deserves a timely review. The Occupational Safety and Health Review Commission Efficiency Act (H.R. 740) adds two members to the Review Commission to bring the total to five.  Currently, one member’s absence or a vacancy can stall action.  Adding members will make a quorum more likely and improve efficiency, helping to eliminate backlogged cases. Small businesses should know there is independent review. The Occupational Safety and Health Independent Review of OSHA Citations Act (H.R. 741) ensures that the Occupational Safety and Health Review Commission (OSHRC), the judicial entity, is independent of OSHA, the prosecutorial entity. This bill restores clarity to the check-and-balance system that Congress originally created for judging OSHA cases. Small businesses that are cleared should not sustain financial loss. The Occupational Safety and Health Small Employer Access to Justice Act (H.R. 742) allows a small business (fewer than 100 employees and net worth of no more than $7 million) who successfully challenges a citation to request recovery of attorney fees.  Currently, a small business could win a challenge, but still sustain financial loss.   This action encourages OSHA to fully assess a case’s merits before bringing enforcement action. Wilson understands that common sense and fairness in regulating small employers is an important part of building a climate in which small businesses can create jobs. She regularly tours area businesses to meet with employees and small business owners to have firsthand information about the growth outlook in New Mexico. The economy has shown resilience in the recovery since the September 11th attacks, the bursting of the tech bubble, and corporate scandals. Signs of U.S. economic health include:
  • Nearly 3.5 million jobs created since May of 2003, now more than two years of uninterrupted job growth, spanning 14 straight quarters.
  • Historic homeownership rates in New Mexico and the U.S., a record 69 percent in 2004, and minority homeownership grew to a historic high of 51.6 percent in the first quarter of 2005.
  • Near-historic low rates for both inflation and interest rates.
  • A dropping budget deficit that is $74 billion lower than it was at this point last fiscal year. Growing consumer confidence that is higher than it has been in three years.
  • Higher than expected growth in the first quarter of 2005, with Gross Domestic Product (GDP) at a healthy 3.8 percent.
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