---
kind: "section"
citation: "30 C.F.R. § 90.104"
title: "30"
number: "90.104"
heading: "Waiver of rights; re-exercise of option."
url: "https://uscodex.org/cfr/30/90.104"
---

# §90.104. Waiver of rights; re-exercise of option.


As of April 14, 2025:

- (a) A [part 90](/cfr/30/part90.md) miner may waive his or her rights and be removed from MSHA's active list of miners who have rights under [part 90](/cfr/30/part90.md) 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
  - (3) Refusing to accept another position offered by the operator at the same coal mine that meets the requirements of §§ [90.100](/cfr/30/90.100.md), [90.101](/cfr/30/90.101.md) and [90.102(a)](/cfr/30/90.102.md?p=a) after dust sampling shows that the present position exceeds the applicable standard.
- (b) If rights under [part 90](/cfr/30/part90.md) are waived, the miner gives up all rights under [part 90](/cfr/30/part90.md) until the miner re-exercises the option in accordance with [§ 90.3(e)](/cfr/30/90.3.md?p=e) ([Part 90](/cfr/30/part90.md) option; notice of eligibility; exercise of option).
- (c) If rights under [part 90](/cfr/30/part90.md) are waived, the miner may re-exercise the option under this part in accordance with [§ 90.3(e)](/cfr/30/90.3.md?p=e) ([Part 90](/cfr/30/part90.md) option; notice of eligibility; exercise of option) at any time.

## Notes

### Amendments

[89 FR 28483, Apr. 18, 2024]

### Source

Source: 79 FR 24989, May 1, 2014, unless otherwise noted.

### Authority

Authority: 30 U.S.C. 811, 813(h), 957.

### Source

Source: 45 FR 80769, Dec. 5, 1980, unless otherwise noted.

### Amendments

[89 FR 28483, Apr. 18, 2024]