Black Lung Benefits Act

Additionally, individuals employed by railroad companies or whose jobs are rail-related may be considered miners if the tasks are performed at an MSHA-regulated site. A number of decisions have found that railroad employees who work at mines (e.g., shoveUng and cleaning coal out of railroad cars before cars taken to coal preparation plant for loading) should be considered miners who are eligible for blacklung benefits under the Black Lung Benefits Act. ... 

For example, in Mitchell v. Director, Office of Worker s Compensation Programs, 855 F.2d 485 (7th Cir. 1988), the court found that a railroad employee who worked under the direction of coal mine employees at the mine site and who helped prepare coal for delivery should he considered a miner. Additionally, a railroad brake-man/conductor was a coal miner under the Black Lung Benefits Act because he hauled raw coal from mines to a preparation plant and spent a significant amount of time in or around the mine. Norfolk Western Railway Co. V. Roberson, 918 F.2d 1144 (4di Cir.), cert, denied, 500 U.S. 916. 

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