30 C.F.R. § 45.2
Definitions
As used in this part:
(a) Act means the Federal Mine Safety and Health Act of 1977, Pub. L. 91-173, as amended by Pub. L. 95-164;
(b) District Manager means the District Manager of the Mine Safety and Health Administration District in which the independent contractor is located;
(c) Independent contractor means any person, partnership, corporation, subsidiary of a corporation, firm, association or other organization that contracts to perform services or construction at a mine; and,
(d) Production-operator means any owner, lessee, or other person who operates, controls or supervises a coal or other mine.
Notes of Decisions
Cited in 7
cases, 1985–2020 · leading case: Joy Tech., Inc. v. Sec'y of Labor, 99 F.3d 991 (10th Cir. 1996).
Joy Tech., Inc. v. Sec'y of Labor, 99 F.3d 991 (10th Cir. 1996). “” 30 C.F.R. § 45.2 (c). II. Procedural History On April 6, 1992, Joy Technologies delivered a new continuous miner to the Sanborn Creek Mine, operated by Somerset Mining Company (Somerset) in Gunnison County, Colorado.”
Otis Elevator Co. v. Sec'y of Labor & Fed. Mine Saf. & Health Review Comm'n, 921 F.2d 1285 (D.C. Cir. 1990). “30 C.F.R. § 45.2 (c) (emphasis added). If deference under Chevron were appropriate, we would owe that deference to the Secretary’s interpretation, not the Commission’s.”
United Energy Servs., Inc. v. Fed. Mine Saf. & Health Admin. Fed. Mine Saf. & Health Review Comm'n, 35 F.3d 971 (4th Cir. 1994). “” 30 C.F.R. § 45.2 (c) (1993). For the reasons that follow, we find that United Energy qualifies as an “independent contractor” performing services at a “coal or other mine.”
Ames Constr., Inc. v. Fed. Mine Saf. & Health Review Comm'n, 676 F.3d 1109 (D.C. Cir. 2012). “at 152 ; see 30 C.F.R. § 45.2 (d) (definition of “production-operator”).”
W. Oilfields Supply Co. v. Sec'y of Labor, 946 F.3d 584 (D.C. Cir. 2020). “” See 30 C.F.R. § 45.2 (c). Rain for Rent maintains that, “[b]y its tense, ‘performing services’ .”
Old Dominion Power Co. v. Donovan, 772 F.2d 92 (4th Cir. 1985). “30 C.F.R. § 45.2 (c) (1984). Moreover, because MSHA’s position contradicts its earlier interpretation of § 3(d) as expressed in its proposed regulations, it is not entitled to the deference usually given by this Court to agency interpretations of the statutes they are…”
D.H. Blattner & Sons, Inc. v. Sec'y of Labor, Mine Saf. & Health Admin., 152 F.3d 1102 (9th Cir. 1998). “Under this construction, the regulation would create two mutually exclusive categories of operators-(1) owners, lessees, and other persons who are not independent contractors (all of whom are known as "production-operators"), see 30 C.F.R. § 45.2 (d); and (2) designated…”
— 30 C.F.R. § 45.2(c) — 1 case
Otis Elevator Co. v. Sec'y of Labor & Fed. Mine Saf. & Health Review Comm'n, 921 F.2d 1285 (D.C. Cir. 1990). “30 C.F.R. § 45.2 (c) (emphasis added). If deference under Chevron were appropriate, we would owe that deference to the Secretary’s interpretation, not the Commission’s.”
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