123STA T . 323 4PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9whoisenga ge d ina f a rm ing o p era t ion whi c h does not maintain a temporar yl a b or camp and employs 10 or fewer employees
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d fu r th er ,T hatnof u nds appropriated under this paragraph shall be obligated or e x pended to administer or enforce any standard, rule, regulation, or order under the A ct with respect to any employer of 10 or fewer employees who is included within a category ha v ing a D ays Away, R estricted, 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 S ecretary, acting through the B ureau of L abor Statistics, in accordance with section 24 of the Act, except — (1) to provide, as authori z ed 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 )tota k e 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, 7 50,000 shall be available for Susan H arwood training grants .MINE S AF E TY AN D HEA L T H AD M INI S T R ATI O N SALARIES AND E XP ENSES F or necessary expenses for the Mine Safety and Health Administration, $357,2 9 3,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first- aid work, and the hire of passenger motor vehicles, including up to $2,000,000 for mine rescue and recovery activities, and $1,450,000 to continue the project with the U nited Mine W orkers of America, for classroom and simulated rescue training for mine rescue teams; in addition, not to exceed $750,000 may be collected by the N ational Mine Health and Safety Academy for room, board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be available for mine safety and health education and training activities, notwithstanding 31 U.S. C . 3302; and, in addition, the Mine Safety and Health Administration may retain up to $1,000,000 from fees collected for the approval and certifi- cation of e q uipment, materials, and explosives for use in mines, Farms a ndf arm i n g.S ma l l bu sin e sses.
