- abandoned areas
means sections, panels, and other areas that are not ventilated and examined in the manner required for working places under section 863 of this title;
- accident
includes a mine explosion, mine ignition, mine fire, or mine inundation, or injury to, or death of, any person;
- active workings
means any place in a coal mine where miners are normally required to work or travel;
- Administration
means the Mine Safety and Health Administration in the Department of Labor.
- agent
means any person charged with responsibility for the operation of all or a part of a coal or other mine or the supervision of the miners in a coal or other mine;
- anthracite
means coals with a volatile ratio equal to 0.12 or less;
- average concentration
means a determination which accurately represents the atmospheric conditions with regard to respirable dust to which each miner in the active workings of a mine is exposed (1) as measured, during the 18 month period following December 30, 1969, over a number of continuous production shifts to be determined by the Secretary and the Secretary of Health and Human Services, and (2) as measured thereafter, over a single shift only, unless the Secretary and the Secretary of Health and Human Services find, in accordance with the provisions of section 811 of this title, that such single shift measurement will not, after applying valid statistical techniques to such measurement, accurately represent such atmospheric conditions during such shift.
- child
means a child or a step-child who is— The term “student” means a “full-time student” as defined in section 402(d)(7) of title 42, or a “student” as defined in section 8101(17) of title 5.
- claim denied
means a claim—
- coal mine
includes areas of adjoining mines connected underground.
- coal or other mine
means (A) an area of land from which minerals are extracted in nonliquid form or, if in liquid form, are extracted with workers underground, (B) private ways and roads appurtenant to such area, and (C) lands, excavations, underground passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools, or other property including impoundments, retention dams, and tailings ponds, on the surface or underground, used in, or to be used in, or resulting from, the work of extracting such minerals from their natural deposits in nonliquid form, or if in liquid form, with workers underground, or used in, or to be used in, the milling of such minerals, or the work of preparing coal or other minerals, and includes custom coal preparation facilities.
- commerce
means trade, traffic, commerce, transportation, or communication among the several States, or between a place in a State and any place outside thereof, or within the District of Columbia or a possession of the United States, or between points in the same State but through a point outside thereof;
- Commission
means the Federal Mine Safety and Health Review Commission.
- covered individual
means an individual—
- dependent
means—
- function
includes power and duty, and (2) the transfer of a function, under any provision of law, of an agency or the head of a department shall also be a transfer of all functions under such law which are exercised by any officer 2 or officer of such agency or department.
- fund
means the Black Lung Disability Trust Fund established by section 9501 of title 26.
- high voltage
means more than 1,000 volts;
- imminent danger
means the existence of any condition or practice in a coal or other mine which could reasonably be expected to cause death or serious physical harm before such condition or practice can be abated;
- liberation of excessive quantities of methane or other explosive gases
shall mean liberation of more than one million cubic feet of methane or other explosive gases during a 24-hour period.
- low voltage
means up to and including 660 volts;
- mandatory health or safety standard
means the interim mandatory health or safety standards established by subchapters II and III of this chapter, and the standards promulgated pursuant to subchapter I of this chapter;
- medium voltage
means voltages from 661 to 1,000 volts;
- miner
means any individual who works or has worked in or around a coal mine or coal preparation facility in the extraction or preparation of coal.
- operator
means any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any independent contractor performing services or construction at such mine;
- Panel
means the Interim Compliance Panel established by this chapter;
- person
means any individual, partnership, association, corporation, firm, subsidiary of a corporation, or other organization;
- pneumoconiosis
means a chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment.
- qualified individual
means such an individual, regardless of whether that individual is a hearing examiner appointed under section 3105 of title 5.
- qualified person
means, as the context requires,
- regular employer
means the entity that is the covered employee’s legal or statutory employer pursuant to applicable State law.
- rock dust
means pulverized limestone, dolomite, gypsum, anhydrite, shale, adobe, or other inert material, preferably light colored, 100 per centum of which will pass through a sieve having twenty meshes per linear inch and 70 per centum or more of which will pass through a sieve having two hundred meshes per linear inch;
- Secretary
means the Secretary of Labor or his delegate;
- splice
means the mechanical joining of one or more conductors that have been severed.
- State
includes a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands;
- student
means a “full-time student” as defined in section 402(d)(7) of title 42, or a “student” as defined in section 8101(17) of title 5.
- total disability
has the meaning given it by regulations of the Secretary of Health and Human Services, which were in effect on November 2, 2002, for claims under part B of this subchapter, and by regulations of the Secretary of Labor for claims under part C of this subchapter, subject to the relevant provisions of subsections (b) and (d) of section 923 of this title, except that—
- volatile ratio
means volatile matter content divided by the volatile matter plus the fixed carbon;
- widow
includes the wife living with or dependent for support on the miner at the time of his death, or living apart for reasonable cause or because of his desertion, or who meets the requirements of section 416(c)(1), (2), (3), (4), or (5),1 and section 416(k) of title 42, who is not married.
- work of preparing the coal
means the breaking, crushing, sizing, cleaning, washing, drying, mixing, storing, and loading of bituminous coal, lignite, or anthracite, and such other work of preparing such coal as is usually done by the operator of the coal mine;
- working face
means any place in a coal mine in which work of extracting coal from its natural deposit in the earth is performed during the mining cycle,
- working place
means the area of a coal mine inby the last open crosscut,
- working section
means all areas of the coal mine from the loading point of the section to and including the working faces,