Montana § 50-72-102 - Definitions

§ 50-72-102. Definitions

Definitions. (1) "Authorized representative" means mine inspector or any other person employed or authorized by the department to perform any and all duties under this chapter. (2) "Corporation" means a body formed and authorized by law to act as a single person although constituted by one or more persons and legally endowed with various rights and duties, including the capacity of succession. (3) "Department" means the department of labor and industry. (4) "Employee" means every person in this state, including a contractor other than an independent contractor, who is in the service of an employer, as hereinafter defined, in or about any mine, mill, smelter, excavation, or quarry under any appointment or contract of hire, express or implied, oral or written, whether lawfully or unlawfully employed and whether the employment is casual or otherwise. (5) "Employer" means every person, firm, partnership, corporation, or association, including an independent contractor, who has any person in service in or about any mine, mill, smelter, excavation, or quarry under any appointment or contract of hire, express or implied, oral or written. (6) "Inspector" means a person employed by the department to inspect metallic and nonmetallic mines, mills, smelters, or quarries as provided in this chapter. (7) "Mine" means any mine or excavation when clay, metallic ore, mineral, gypsum, or rock is dug or mined, whether on surface or underground, where metal-bearing ores or nonmetallic mineral commodities (exclusive of coal or lignite) are dug or mined whether at the surface or underground. (8) "Notice" means a written notice, work order, or correction notice issued by an authorized representative of the department, which notice specifies a violation and directs or recommends corrective measures and may specify a definite date or time in which to abate said violation. (9) "Occupational health" means any of those health conditions that occur as a result of employment in a mine. (10) "Order" means and includes any decision, rule, regulation, direction, requirement, or standard set, adopted, or issued by the department or any other determination or decision made by the department.