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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 30 - Mineral Resources |
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Chapter I—Mine Safety and Health Administration, Department of Labor |
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SubChapter O—Coal Mine Safety and Health |
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Part 90 - Mandatory Health Standards—Coal Miners Who Have Evidence of the Development of Pneumoconiosis |
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Subpart B - Dust Standards, Rights of Part 90 Miners |
§ 90.104T - Waiver of rights; re-exercise of option.
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§ 90.104T xxxWaiver of rights; re-exercise of option.
As of April 14, 2025:
(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, Mine Safety and Health Enforcement, 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 the standard; or
(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.
[89 FR 28483, Apr. 18, 2024]