[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR701.301]

[Page 858-860]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
  CHAPTER VI--EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 701--GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF TERMS--Table of Contents
 
Sec. 701.301  Definitions and use of terms.

    (a) As used in this subchapter, except where the context clearly 
indicates otherwise:
    (1) Act means the Longshoremen's and Harbor Workers' Compensation 
Act, as amended (33 U.S.C. 901 et seq.), also referred to in this 
subchapter as LHWCA, and includes the provisions of any statutory 
extension of such Act (see Sec. 701.101) pursuant to which compensation 
on account of an injury is sought.
    (2) Secretary means the Secretary of Labor, United States Department 
of Labor, or his authorized representative.
    (3) Employment Standards Administration means the Employment 
Standards Administration in the United States Department of Labor, 
headed by the Assistant Secretary of Labor for Employment Standards.
    (4) [Reserved]
    (5) Office of Workers' Compensation Programs or OWCP or the Office 
means the Office of Workers' Compensation Programs in the Department of 
Labor, described in Sec. 701.201 of this part. Whenever the term Office 
of Workmen's Compensation Programs appears in this part or in part 702, 
it shall have the same meaning as Office of Worker's Compensation 
Programs.

[[Page 859]]

    (6) Director means the Director, OWCP, or his authorized 
representative.
    (7) District Director means a person appointed as provided in 
sections 39 and 40 of the LHWCA or his or her designee, authorized by 
the Director to perform functions with respect to the processing and 
determination of claims for compensation under such Act and its 
extensions as provided therein and under this subchapter. These 
regulations substitute this term for the term ``Deputy Commissioner'' 
which is used in the statute. This substitution is for administrative 
purposes only and in no way affects the power or authority of the 
position as established in the statute.
    (8) Administrative Law Judge means an administrative law judge 
appointed as provided in 5 U.S.C. 3105 and subpart B of 5 CFR part 930 
(see 37 FR 16737), who is qualified to preside at hearings under 5 
U.S.C. 557 and is empowered by the Secretary to conduct formal hearings 
whenever necessary in respect of any claim for compensation arising 
under the LHWCA and its extensions.
    (9) Chief Administrative Law Judge means the Chief Judge of the 
Office of Administrative Law Judges, United States Department of Labor.
    (10) Board or Benefits Review Board means the Benefits Review Board 
established by section 21 of the LHWCA (33 U.S.C. 921) as amended and 
constituted and functioning pursuant to the provisions of chapter VII of 
this Title 20 and Secretary of Labor's Order No. 38-72 (38 FR 90).
    (11) Department means the United States Department of Labor.
    (12)(i) Employee means any person engaged in maritime employment, 
including:
    (A) Any longshore worker or other person engaged in longshoring 
operations;
    (B) Any harbor worker, including a ship repairer, shipbuilder and 
shipbreaker;
    (C) Any other individual to whom an injury may be the basis for a 
compensation claim under the LHWCA as amended, or any of its extensions;
    (ii) The term does not include:
    (A) A master or member of a crew of any vessel;
    (B) Any person engaged by a master to load or unload or repair any 
small vessel under eighteen tons net.
    (iii) Nor does this term include the following individuals (whether 
or not the injury occurs over the navigable waters of the United States) 
where it is first determined that they are covered by a state workers' 
compensation act:
    (A) Individuals employed exclusively to perform office clerical, 
secretarial, security, or data processing work (but not longshore cargo 
checkers and cargo clerks);
    (B) Individuals employed by a club (meaning a social or fraternal 
organization whether profit or nonprofit), camp, recreational operation 
(meaning any recreational activity, including but not limited to scuba 
diving, commercial rafting, canoeing or boating activities operated for 
pleasure of owners, members of a club or organization, or renting, 
leasing or chartering equipment to another for the latter's pleasure), 
restaurant, museum or retail outlet;
    (C) Individuals employed by a marina, provided they are not engaged 
in its construction, replacement or expansion, except for routine 
maintenance such as cleaning, painting, trash removal, housekeeping and 
small repairs;
    (D) Employees of suppliers, vendors and transporters temporarily 
doing business on the premises of a covered employer, provided they are 
not performing work normally performed by employees of the covered 
employer;
    (E) Aquaculture workers, meaning those employed by commercial 
enterprises involved in the controlled cultivation and harvest of 
aquatic plants and animals, including the cleaning, processing or 
canning of fish and fish products, the cultivation and harvesting of 
shellfish, and the controlled growing and harvesting of other aquatic 
species;
    (F) Individuals engaged in the building, repairing or dismantling of 
recreational vessels under 65 feet in length. For purposes of this 
subparagraph recreational vessel means a vessel manufactured or operated 
primarily for pleasure, or rented, leased or chartered by another for 
the latter's pleasure, and length means a straight line measurement of 
the overall length

[[Page 860]]

from the foremost part of the vessel to the aftmost part of the vessel, 
measured parallel to the center line. The measurement shall be from end 
to end over the deck, excluding sheer.
    (13) Employer includes any employer who may be obligated as an 
employer under the provisions of the LHWCA as amended or any of its 
extensions to pay and secure compensation as provided therein.
    (14) Carrier means an insurance carrier or self-insurer meeting the 
requirements of section 32 of the LHWCA as amended and of this 
subchapter with respect to authorization to provide insurance fulfilling 
the obligation of an employer to secure the payment of compensation due 
his employees under the LHWCA as amended or a statutory extension 
thereof.
    (15) The terms wages, national average weekly wage, injury, 
disability, death, and compensation shall have the meanings set forth in 
section 2 of the LHWCA.
    (16) Claimant includes any person claiming compensation or benefits 
under the provisions of the LHWCA as amended or a statutory extension 
thereof on account of the injury or death of an employee.
    (b) The definitions contained in paragraph (a) of this section shall 
not be considered to derogate from any definitions or delimitations of 
terms in the LHWCA as amended or any of its statutory extensions in any 
case where such statutory definitions or delimitations would be 
applicable.
    (c) As used in this subchapter, the singular includes plural and the 
masculine includes the feminine.

[38 FR 26860, Sept. 26, 1973, as amended at 42 FR 3848, Jan. 21, 1977; 
50 FR 391, Jan. 3, 1985; 51 FR 4281, Feb. 3, 1986; 55 FR 28606, July 12, 
1990]

               Coverage Under State Compensation Programs