§ 802. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC802]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
Sec. 802. Definitions
For the purpose of this chapter, the term--
(a) ``Secretary'' means the Secretary of Labor or his delegate;
(b) ``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;
(c) ``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;
(d) ``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;
(e) ``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;
(f) ``person'' means any individual, partnership, association,
corporation, firm, subsidiary of a corporation, or other
organization;
(g) ``miner'' means any individual working in a coal or other
mine;
(h)(1) ``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. In making a
determination of what constitutes mineral milling for purposes of
this chapter, the Secretary shall give due consideration to the
convenience of administration resulting from the delegation to one
Assistant Secretary of all authority with respect to the health and
safety of miners employed at one physical establishment;
(2) For purposes of subchapters II, III, and IV of this chapter,
``coal mine'' means an area of land and all structures, facilities,
machinery, tools, equipment, shafts, slopes, tunnels, excavations,
and other property, real or personal, placed upon, under, or above
the surface of such land by any person, used in, or to be used in,
or resulting from, the work of extracting in such area bituminous
coal, lignite, or anthracite from its natural deposits in the earth
by any means or method, and the work of preparing the coal so
extracted, and includes custom coal preparation facilities;
(i) ``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;
(j) ``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;
(k) ``accident'' includes a mine explosion, mine ignition, mine
fire, or mine inundation, or injury to, or death of, any person;
(l) ``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;
(m) ``Panel'' means the Interim Compliance Panel established by
this chapter; and
(n) ``Administration'' means the Mine Safety and Health
Administration in the Department of Labor.
(o) ``Commission'' means the Federal Mine Safety and Health
Review Commission.
(Pub. L. 91-173, Sec. 3, Dec. 30, 1969, 83 Stat. 743; Pub. L. 95-164,
title I, Sec. 102(b), Nov. 9, 1977, 91 Stat. 1290.)
Amendments
1977--Par. (a). Pub. L. 95-164, Sec. 102(b)(1), substituted
``Secretary of Labor'' for ``Secretary of the Interior''.
Par. (d). Pub. L. 95-164, Sec. 102(b)(2), (4), substituted
``supervises a coal or other mine or any independent contractor
performing services or construction at such mine'' for ``supervises a
coal mine''.
Pars. (e), (g). Pub. L. 95-164, Sec. 102(b)(4), inserted ``or
other'' after ``coal'' wherever appearing.
Par. (h). Pub. L. 95-164, Sec. 102(b)(3), added subpar. (1),
designated existing provisions as subpar. (2), and inserted ``For
purposes of subchapters II, III, and IV of this chapter,'' after
``(2)''.
Par. (j). Pub. L. 95-164, Sec. 102(b)(4), inserted ``or other''
after ``coal''.
Pars. (n), (o). Pub. L. 95-164, Sec. 102(b)(5), added pars. (n) and
(o).
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-164 effective 120 days after Nov. 9, 1977,
except as otherwise provided, see section 307 of Pub. L. 95-164, set out
as a note under section 801 of this title.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
