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.
