State Codes and Statutes

Statutes > New-mexico > Chapter-69 > Article-8 > Section-69-8-2

69-8-2. Definitions.

As used in the Mining Safety Act [69-8-1 NMSA 1978]:

A.     "accident", pursuant to 30 C.F.R. 50.2, means:

(1)     a death of an individual at a mine;

(2)     an injury that has a reasonable potential to cause death to an individual at a mine; 

(3)      an entrapment of an individual for more than thirty minutes or that has a reasonable potential to cause death;

(4)     an unplanned inundation of a mine by a liquid or gas;

(5)     an unplanned ignition or explosion of gas or dust;

(6)     an unplanned mine fire in an underground mine that is not extinguished within ten minutes of discovery and an unplanned mine fire within a surface mine or surface area of an underground mine that is not extinguished within thirty minutes;

(7)     an unplanned ignition or explosion of a blasting agent or an explosive;

(8)     an unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use or an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage; 

(9)     a coal or rock outburst that causes withdrawal of miners or that disrupts regular mining activity for more than one hour; 

(10)     an unstable condition at an impoundment, refuse pile or culm bank that requires emergency action in order to prevent failure or that causes individuals to evacuate an area or failure of an impoundment, refuse pile or culm bank; 

(11)     damage to hoisting equipment in a shaft or slope that endangers an individual or that interferes with use of the equipment for more than thirty minutes; or 

(12)     an event at a mine that causes death or bodily injury to an individual not at the mine at the time the event occurs; 

B.     "employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee or to a place of employment; 

C.     "employee" means any person suffered or permitted to work in a mining occupation or pursuit by an employer; 

D.     "mine", pursuant to 30 C.F.R. 50.2, means: 

(1)     an area of land from which minerals are extracted in nonliquid form or, if in liquid form, are extracted with workers underground; 

(2)     private ways and roads appurtenant to an area described in Paragraph (1) of this subsection; and  

(3)     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, 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; 

E.     "operator", pursuant to 30 C.F.R. 50.2, means:  

(1)     any owner, lessee or other person that operates, controls or supervises a coal mine; or 

(2)     the person, partnership, association or corporation, or subsidiary of a corporation, operating a metal or nonmetal mine and owning the right to do so, including any agent thereof charged with responsibility for the operation of such mine; 

F.     "person" means an individual, partnership, association, corporation, business trust, receiver, trustee, legal representative or successor to any of the foregoing; 

G.     "place of employment" means any place in or about which the employee is suffered or permitted to work; 

H.     "mining occupations or pursuits" includes mining, smelting and the operation of a mill, ore house or treatment plant in which ore or rock is processed; and 

I.     "inspector" means the state mine inspector.

State Codes and Statutes

Statutes > New-mexico > Chapter-69 > Article-8 > Section-69-8-2

69-8-2. Definitions.

As used in the Mining Safety Act [69-8-1 NMSA 1978]:

A.     "accident", pursuant to 30 C.F.R. 50.2, means:

(1)     a death of an individual at a mine;

(2)     an injury that has a reasonable potential to cause death to an individual at a mine; 

(3)      an entrapment of an individual for more than thirty minutes or that has a reasonable potential to cause death;

(4)     an unplanned inundation of a mine by a liquid or gas;

(5)     an unplanned ignition or explosion of gas or dust;

(6)     an unplanned mine fire in an underground mine that is not extinguished within ten minutes of discovery and an unplanned mine fire within a surface mine or surface area of an underground mine that is not extinguished within thirty minutes;

(7)     an unplanned ignition or explosion of a blasting agent or an explosive;

(8)     an unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use or an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage; 

(9)     a coal or rock outburst that causes withdrawal of miners or that disrupts regular mining activity for more than one hour; 

(10)     an unstable condition at an impoundment, refuse pile or culm bank that requires emergency action in order to prevent failure or that causes individuals to evacuate an area or failure of an impoundment, refuse pile or culm bank; 

(11)     damage to hoisting equipment in a shaft or slope that endangers an individual or that interferes with use of the equipment for more than thirty minutes; or 

(12)     an event at a mine that causes death or bodily injury to an individual not at the mine at the time the event occurs; 

B.     "employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee or to a place of employment; 

C.     "employee" means any person suffered or permitted to work in a mining occupation or pursuit by an employer; 

D.     "mine", pursuant to 30 C.F.R. 50.2, means: 

(1)     an area of land from which minerals are extracted in nonliquid form or, if in liquid form, are extracted with workers underground; 

(2)     private ways and roads appurtenant to an area described in Paragraph (1) of this subsection; and  

(3)     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, 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; 

E.     "operator", pursuant to 30 C.F.R. 50.2, means:  

(1)     any owner, lessee or other person that operates, controls or supervises a coal mine; or 

(2)     the person, partnership, association or corporation, or subsidiary of a corporation, operating a metal or nonmetal mine and owning the right to do so, including any agent thereof charged with responsibility for the operation of such mine; 

F.     "person" means an individual, partnership, association, corporation, business trust, receiver, trustee, legal representative or successor to any of the foregoing; 

G.     "place of employment" means any place in or about which the employee is suffered or permitted to work; 

H.     "mining occupations or pursuits" includes mining, smelting and the operation of a mill, ore house or treatment plant in which ore or rock is processed; and 

I.     "inspector" means the state mine inspector.


State Codes and Statutes

State Codes and Statutes

Statutes > New-mexico > Chapter-69 > Article-8 > Section-69-8-2

69-8-2. Definitions.

As used in the Mining Safety Act [69-8-1 NMSA 1978]:

A.     "accident", pursuant to 30 C.F.R. 50.2, means:

(1)     a death of an individual at a mine;

(2)     an injury that has a reasonable potential to cause death to an individual at a mine; 

(3)      an entrapment of an individual for more than thirty minutes or that has a reasonable potential to cause death;

(4)     an unplanned inundation of a mine by a liquid or gas;

(5)     an unplanned ignition or explosion of gas or dust;

(6)     an unplanned mine fire in an underground mine that is not extinguished within ten minutes of discovery and an unplanned mine fire within a surface mine or surface area of an underground mine that is not extinguished within thirty minutes;

(7)     an unplanned ignition or explosion of a blasting agent or an explosive;

(8)     an unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use or an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage; 

(9)     a coal or rock outburst that causes withdrawal of miners or that disrupts regular mining activity for more than one hour; 

(10)     an unstable condition at an impoundment, refuse pile or culm bank that requires emergency action in order to prevent failure or that causes individuals to evacuate an area or failure of an impoundment, refuse pile or culm bank; 

(11)     damage to hoisting equipment in a shaft or slope that endangers an individual or that interferes with use of the equipment for more than thirty minutes; or 

(12)     an event at a mine that causes death or bodily injury to an individual not at the mine at the time the event occurs; 

B.     "employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee or to a place of employment; 

C.     "employee" means any person suffered or permitted to work in a mining occupation or pursuit by an employer; 

D.     "mine", pursuant to 30 C.F.R. 50.2, means: 

(1)     an area of land from which minerals are extracted in nonliquid form or, if in liquid form, are extracted with workers underground; 

(2)     private ways and roads appurtenant to an area described in Paragraph (1) of this subsection; and  

(3)     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, 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; 

E.     "operator", pursuant to 30 C.F.R. 50.2, means:  

(1)     any owner, lessee or other person that operates, controls or supervises a coal mine; or 

(2)     the person, partnership, association or corporation, or subsidiary of a corporation, operating a metal or nonmetal mine and owning the right to do so, including any agent thereof charged with responsibility for the operation of such mine; 

F.     "person" means an individual, partnership, association, corporation, business trust, receiver, trustee, legal representative or successor to any of the foregoing; 

G.     "place of employment" means any place in or about which the employee is suffered or permitted to work; 

H.     "mining occupations or pursuits" includes mining, smelting and the operation of a mill, ore house or treatment plant in which ore or rock is processed; and 

I.     "inspector" means the state mine inspector.