Definitions.

§ 85.2 Definitions. Any term defined in the Occupational Safety and Health Act of 1970 or the Federal Mine Safety and Health Act of 1977 and not defined below shall have the meaning given it in the respective Acts. As used in this part: OSH Act means the Occupational Safety and Health Act of 1970 (29 U.S.C. 651, et seq. ). FMSH Act means the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801, et seq. ). Authorized representative of employees means any person or organization meeting the conditions specified in § 85.3–1(e) (1), (2), or (3). Employee has the same meaning as stated in the OSH Act and for the purposes of this part includes miner as defined in the FMSH Act. Employer has the same meaning as stated in the OSH Act and for the purposes of this part includes Operator as defined in the FMSH Act. Health hazard evaluation means the investigation and the determination of potentially toxic or hazardous effects of: (a) Any substance normally used or found in any place of employment to which the OSH Act is applicable, or (b) any substance or physical agent normally used or found in any place of employment to which the FMSH Act is applicable. Investigation means a physical inspection of the place of employment under section 8 of the OSH Act or section 103 of the FMSH Act and includes inspection, sampling, observations, review of pertinent records, and other measurements reasonably necessary to determine whether any substance or physical agent found in the place of employment has potentially toxic or hazardous effects in the concentrations or levels used or found. NIOSH means the National Institute for Occupational Safety and Health, Center for Disease Control, Public Health Service, Department of Health and Human Services. NIOSH officer means a NIOSH employee who has been authorized by the Director, NIOSH, to conduct investigations according to this part. Physical agent means any condition produced by the environment and/or work processes that can result in hazardous effects as defined in this section. Examples of physical agents are noise, temperature, illumination, vibration, radiation, and pressure. Place of employment means any coal or other mine, factory, plant, establishment, construction site, or other area, workplace, or environment where work is performed by any employee of an employer. Substance means any chemical or biological agent or dust which has the potential to produce toxic effects. Toxic effects or hazardous effects are those effects which result in short- or long-term disease, bodily injury, affect health adversely, or endanger human life. [45 FR 2652, Jan. 14, 1980]