Page:United States Statutes at Large Volume 118.djvu/266

 118 STAT. 236 PUBLIC LAW 108–199—JAN. 23, 2004 (1) it is projected that the Department of Labor, in conjunc tion with labor, industry, and the National Institute for Occupa tional Safety and Health, will be undertaking several months of testing on Personal Dust Monitor production prototypes; and (2) the testing of Personal Dust Monitor prototypes is set to begin (by late May or early June of 2004) following the scheduled delivery of the Personal Dust Monitors in May 2004. (b) RE PROPOSAL OF RULE.—Following the successful dem onstration of Personal Dust Monitor technology, and if the Secretary of Labor makes a determination that Personal Dust Monitors can be effectively applied in a regulatory scheme, the Secretary of Labor shall re propose a rule on respirable coal dust which incor porates the use of Personal Dust Monitors, and, if such rule is re proposed, the Secretary shall comply with the regular procedures applicable to Federal rulemaking. SEC. 107. The Secretary of Labor shall transfer, without charge or consideration, to Hamilton County, Ohio all rights, title, and interest (including all Federal equity) the United States holds in the real property located at 1916 Central Parkway, Cincinnati, Ohio to the extent such rights, title, or interest were acquired through grants to the State of Ohio under title III of the Social Security Act or the Wagner Peyser Act or acquired through funds distributed to the State of Ohio under section 903 of the Social Security Act. SEC. 108. FAIR LABOR STANDARDS ACT WOODWORKING EXEMP TION. Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is amended by adding at the end the following: ‘‘(7)(A)(i) Subject to subparagraph (B), in the administration and enforcement of the child labor provisions of this Act, it shall not be considered oppressive child labor for a new entrant into the workforce to be employed inside or outside places of business where machinery is used to process wood products. ‘‘(ii) In this paragraph, the term ‘new entrant into the workforce’ means an individual who— ‘‘(I) is under the age of 18 and at least the age of 14, and ‘‘(II) by statute or judicial order is exempt from compulsory school attendance beyond the eighth grade. ‘‘(B) The employment of a new entrant into the workforce under subparagraph (A) shall be permitted— ‘‘(i) if the entrant is supervised by an adult relative of the entrant or is supervised by an adult member of the same religious sect or division as the entrant; ‘‘(ii) if the entrant does not operate or assist in the operation of power driven woodworking machines; ‘‘(iii) if the entrant is protected from wood particles or other flying debris within the workplace by a barrier appro priate to the potential hazard of such wood particles or flying debris or by maintaining a sufficient distance from machinery in operation; and ‘‘(iv) if the entrant is required to use personal protective equipment to prevent exposure to excessive levels of noise and saw dust.’’. This title may be cited as the ‘‘Department of Labor Appropria tions Act, 2004’’. Ohio. Real property.

�