12 2 STA T . 1 367PUBLIC LA W 11 0– 23 4—M A Y 22 , 200 8‘ ‘ (I I )wasreo r g a niz e d ona l a t er date by t h e p erson ,f ir m ,or c orporation that controlled the establishment as of the date of the enactment of this section
‘‘( D )isin v iolation of this A ct; ‘‘( E ) is located in a S tate that does not have a State inspection program; or ‘‘( F )isthes u b j ect of a transition carried out in accord - ance with a procedure developed by the Secretary under paragraph ( 3 )(A) . ‘‘(3) E STABLI S HMEN TS THAT EM P L OY MO R E THAN 25 EMPLOYEES. — ‘‘(A) DE V ELOPMENT O F PRO C E DU RE.— T he Secretary may develop a procedure to transition to a Federal establishment any establishment under this section that, on average, consistently employs more than 25 employees. ‘‘( B ) ELI G IBILITY OF CERTAIN ESTABLISHMENTS.— ‘‘(i) IN GENERAL.—A State establishment that employs more than 25 employees but less than 35 employees as of the date of the enactment of this section may be selected as a selected establishment under this subsection. ‘‘(ii) P ROCEDURES.—A State establishment shall be subject to the procedures established under subpara- graph (A) beginning on the date that is 3 years after the effective date described in subsection (i). ‘‘(c) R EIMBURSEMENT OF STATE C OSTS.—The Secretary shall reimburse a State for costs related to the inspection of selected establishments in the State in accordance with Federal re q uire- ments in an amount of not less than 60 percent of eligible State costs. ‘‘(d) COORDINATION BET W EEN FEDERAL AND STATE AGENCIES.— ‘‘( 1 ) IN GENERAL.—The Secretary shall designate an employee of the Federal G overnment as State coordinator for each appropriate State agency— ‘‘(A) to provide oversight and enforcement of this sec- tion; and ‘‘(B) to oversee the training and inspection activities of designated personnel of the State agency. ‘‘(2) SUPERVISION.—A State coordinator shall be under the direct supervision of the Secretary. ‘‘(3) DUTIES OF STATE COORDINATOR.— ‘‘(A) IN GENERAL.—A State coordinator shall visit selected establishments with a frequency that is appro- priate to ensure that selected establishments are operating in a manner that is consistent with this Act (including regulations and policies under this Act). ‘‘(B) Q UARTERLY REPORTS.—A State coordinator shall, on a quarterly basis, submit to the Secretary a report that describes the status of each selected establishment that is under the jurisdiction of the State coordinator with respect to the level of compliance of each selected establish- ment with the requirements of this Act. ‘‘(C) IMMEDIATE NOTIFICATION RE Q UIREMENT.—If a State coordinator determines that any selected establish- ment that is under the jurisdiction of the State coordinator is in violation of any requirement of this Act, the State coordinator shall—
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