30 CFR § 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 §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
§§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 §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 §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
§90.3(e) (Part 90 option; notice
of eligibility; exercise of option) at any time.
