123STA T .758PUBLIC LA W 111 – 8 —M A R .11 , 2 0 0 9educationgr ant s:Provide d ,Th at, not w ithstanding 31U.S . C .33 02 , the Secretar y is authori z ed, during the f isca l year ending Se p te mb er 30, 200 9 , to collect and retain fees for ser v ices provided to N ation - ally R ecognized Testing L aboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to administer national and international laboratory recognition programs that ensure the safety of e q uipment and products used by wor k ers in the workplace: Provided fu r th er, That none of the funds appro- priated under this paragraph shall be obligated or e x pended to prescribe, issue, administer, or enforce any standard, rule, regula- tion, or order under the A ct which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Pro - vided further, That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Act with respect to any employer of 10 or fewer employees who is included within a category having a D ays Away, Restricted, or Transferred ( DART ) occupational in j ury and illness rate, at the most precise industrial classification code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the B ureau of Labor Statistics, in accordance with section 2 4 of the Act, except — (1) to provide, as authorized by the Act, consultation, tech- nical assistance, educational and training services, and to con- duct surveys and studies
(2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for viola- tions which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by the Act with respect to imminent dangers; (4) to take any action authorized by the Act with respect to health hazards; ( 5 ) to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act; and ( 6 ) to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act: Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further, That $ 10,000,000 shall be available for Susan H arwood training grants, of which $3,144,000 shall be used for the I nstitutional Competency Building training grants awarded in F ebruary 200 8 , provided that a grantee has dem- onstrated satisfactory performance: Provided further , That such grants shall be awarded not later than 30 days after the date of enactment of this Act. Grants.De a dli ne. F ar m s and f armin g . S mall bu sinesses. Farms and farming. Fees.
