New Mexico § 69-8-2 - Definitions

§ 69-8-2. Definitions

As used in the Mining Safety Act: A. “ accident ” means: (1) in the case of a surface mine: (a) a death of an individual at a mine; (b) an injury that has a reasonable potential to cause death to an individual at a

mine; (c) an entrapment of an individual that has a reasonable potential to cause death; (d) an unplanned ignition or explosion of a blasting agent or an explosive; (e) 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; or (f) an event at a mine that causes death or bodily injury to an individual not at

the mine at the time the event occurs; or (2) in the case of an underground mine or the surface areas of an underground mine: (a) a death of an individual at a mine; (b) an injury that has a reasonable potential to cause death to an individual at a

mine; (c) an entrapment of an individual that has a reasonable potential to cause death; (d) an unplanned inundation of a mine by a liquid or gas; (e) an unplanned ignition or explosion of gas or dust; (f) an unplanned mine fire in an underground mine that is not extinguished within

ten minutes of discovery or an unplanned mine fire within the surface area of an underground

mine that is not extinguished within thirty minutes; (g) an unplanned ignition or explosion of a blasting agent or an explosive; (h) 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; (i) a coal or rock outburst that causes withdrawal of miners or that disrupts regular

mining activity for more than one hour; (j) 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; (k) damage to hoisting equipment in a shaft or slope that endangers an individual;

or (l) 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. “ employee ” means any person suffered or permitted to work in a mining occupation or pursuit

by an employer; C. “ employer ” includes any person acting directly or indirectly in the interest of an employer

in relation to an employee to a place of employment; D. “ inspector ” means the state mine inspector; E. “ mine ” 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; F. “ 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; G. “ operator ” 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; H. “ person ” means an individual, partnership, association, corporation, business trust, receiver,

trustee, legal representative or successor to any of the foregoing; and I. “ place of employment ” means any place in or about which the employee is suffered or permitted to work.