§ 74-24.2. Definitions.
§74‑24.2. Definitions.
In this Article, unless thecontext otherwise requires:
(1) The term"accident" means an unexpected event resulting in injury to, illnessof, or death of a person or persons as a result of mining operations and anymine explosion, mine ignition, mine fire, mine inundation, mine cave‑in,or other event which could have readily resulted in serious physical harm.
(2) The term"Advisory Council" shall mean the Advisory Council or body authorizedto be established under this Article.
(3) The term"agent" means any person charged by the operator with responsibilityfor the operation of all or part of a mine or supervision of the miners in amine, and for the purposes of this Article includes contractors,subcontractors, or independent contractors employed by the operator to performany work or services at, in, or on the mine.
(4) The term"Commissioner" means the Commissioner of Labor of North Carolina.
(5) The term"Director" means the person authorized under G.S. 74‑24.19 andappointed by the Commissioner for the purpose of assisting in theadministration of this Article.
(6) The term"imminent danger" means the existence of any condition or practice ina mine which could reasonably be expected to cause death or serious physicalharm immediately to any miner if such condition or practice is not abated atonce.
(7) The term"mine" means an area of land and all private ways and roadsappurtenant thereto, structures, facilities, machinery, tools, equipment,shafts, slopes, tunnels, excavations, and other property, real or personal,placed or constructed on, under, or above the surface of such land by anyperson, used in, or to be used in, or resulting from (including the reclamationof mined areas or the storage of materials in mined areas), or to facilitatethe work of exploring for, developing of, or extracting by any means or methodin such area all minerals, inorganic and organic, from their natural deposits.The term "mine" also includes all mineral processing and milling facilitiesexcept those used in the processing of source materials as defined in theAtomic Energy Act of 1954, as amended.
(8) The term"miner" means any individual, other than an operator or an agent,working in or about a mine.
(9) The term"operator" means an individual, partnership, association,corporation, firm, subsidiary of a corporation, or other organization owning,operating, leasing, controlling, or supervising a mining operation.
(10) The term"repeated violation" means a violation for which an operator was issueda notice or an order on an inspection and which is found to exist again on thenext regular inspection, even though the violation was abated within the timefixed for abatement.
(11) The term"State" means the State of North Carolina. (1975,c. 206, s. 2.)