[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR90.104]

[Page 656]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 90--MANDATORY HEALTH STANDARDS--COAL MINERS WHO HAVE EVIDENCE OF THE DEVELOPMENT OF PNEUMOCONIOSIS--Table of Contents
 
           Subpart B--Dust Standards, Rights of Part 90 Miners
 
Sec. 90.104  Waiver of rights; re-exercise of option.

    (a) A Part 90 miner may waive his or her rights and be removed from 
MSHA's active list of miners who have rights under Part 90 by:
    (1) Giving written notification to the Chief, Division of Health, 
Coal Mine Safety and Health, MSHA, that the miner waives all rights 
under this part;
    (2) Applying for and accepting a position in an area of a mine which 
the miner knows has an average respirable dust concentration exceeding 
1.0 milligrams per cubic meter of air or the respirable dust standard 
established by Sec. 90.101 (Respirable dust standard when quartz is 
present); or
    (3) Refusing to accept another position offered by the operator at 
the same coal mine that meets the requirements of Secs. 90.100, 90.101 
and 90.102(a) after dust sampling shows that the average respirable dust 
concentration in his or her present position exceeds 1.0 milligrams per 
cubic meter of air or the respirable dust standard established by 
Sec. 90.101 (Respirable dust standard when quartz is present).
    (b) If rights under Part 90 are waived, the miner gives up all 
rights under Part 90 until the miner re-exercises the option in 
accordance with Sec. 90.3(e) (Part 90 option; notice of eligibility; 
exercise of option).
    (c) If rights under Part 90 are waived, the miner may re-exercise 
the option under this part in accordance with Sec. 90.3(e) (Part 90 
option; notice of eligibility; exercise of option) at any time.