C.F.R. » Title 20 » CHAPTER VI—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER B—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED › PART 726—BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE OPERATOR'S INSURANCE › Subpart A—General

20 C.F.R. § 726.8

Definitions

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In addition to the definitions provided in part 725 of this subchapter, the following definitions apply to this part:

(a) Director means the Director, Office of Workers' Compensation Programs, and includes any official of the Office of Workers' Compensation Programs authorized by the Director to perform any of the functions of the Director under this part and part 725 of this subchapter.

(b) Person includes any individual, partnership, corporation, association, business trust, legal representative, or organized group of persons.

(c) Secretary means the Secretary of Labor or such other official as the Secretary shall designate to carry out any responsibility under this part.

(d) The terms employ and employment shall be construed as broadly as possible, and shall include any relationship under which an operator retains the right to direct, control, or supervise the work performed by a miner, or any other relationship under which an operator derives a benefit from the work performed by a miner. Any individuals who participate with one or more persons in the mining of coal, such as owners, proprietors, partners, and joint venturers, whether they are compensated by wages, salaries, piece rates, shares, profits, or by any other means, shall be deemed employees. It is the specific intention of this paragraph to disregard any financial arrangement or business entity devised by the actual owners or operators of a coal mine or coal mine-related enterprise to avoid the payment of benefits to miners who, based upon the economic reality of their relationship to this enterprise, are, in fact, employees of the enterprise.

Notes of Decisions
Cited in 1 case, 2001–2001 · leading case: Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001).
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Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). “20 C.F.R. § 726.8 (d): This new rule defines the terms “employ” and “employment” to include any relationship where an operator derives a benefit from work performed by a miner who is compensated by the operator in some manner, echoing § 725.”
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