PUBLIC LAW 101-517—NOV. 5, 1990
104 STAT. 2195
regulation, or order under the Occupational Safety and Health Act
of 1970 with respect to any employer of ten or fewer employees who
is included within a category having an occupational injury lost
work day case rate, at the most precise Standard 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 Bureau of Labor Statistics, in
accordance with section 24 of that Act (29 U.S.C. 673), except—
(1) to provide, as authorized by such Act, consultation, technical assistance, educational and training services, and to
conduct 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 violations
which are not corrected within a reasonable abatement period
and for any willful violations found;
(3) to take any action authorized by such Act with respect to
imminent dangers;
(4) to take any action authorized by such Act with respect to
health hazards;
(5) to take any action authorized by such Act with respect to a
report of an employment accident which is fatal to one or more
employees or which results in hospitalization of five or more
employees, and to take any action pursuant to such investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect to
complaints of discrimination against employees for exercising
rights under such 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 ten or fewer
employees.
MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health Administration, $179,267,000, including purchase and bestowal of certificates
and trophies in connection with mine rescue and first-aid work, and
the purchase of not to exceed twenty passenger motor vehicles for
replacement only; the Secretary is authorized to accept lands, build- 30 USC 962.
ings, equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other agencies.
Federal, State, or private; the Mine Safety and Health Administration is authorized to promote health and safety education and
training in the mining community through cooperative programs
with States, industry, and safety associations; and any funds available to- the Department may be used, with the approval of the
Secretary, to provide for the costs of mine rescue and survival
operations in the event of major disaster: Provided, That none of the
funds appropriated under this paragraph shall be obligated or expended to carry out section 115 of the Federal Mine Safety and
Health Act of 1977 or to carry out that portion of section 104(g)(1) of
such Act relating to the enforcement of any training requirements,
with respect to shell dredging, or with respect to any sand, gravel.
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