During an interview, Mark Daugherty admitted he was the owner, operator, and foreman at the # 2 mine. On January 2, 2017, Daughtery was the foreman who conducted the required daily examinations at the mine, he was responsible for the day-to-day operations, he directed the workforce, and was responsible for hiring and firing (Ex. 11). Therefore, when carrying out these duties and by his own admission Daugherty is an agent of the operator responsible for supervision of all or part of the mine (Ex. 12, p. 1, & 3).
The evidence supports that Stanley Osborne possessed the actual authority to