What does 49 CFR 382.119 (Stand-down waiver provision) require?

Short answer

49 CFR 382.119 requires employers to follow specific procedures to obtain a waiver from the Federal Motor Carrier Safety Administration to stand down an employee before the MRO has completed the verification process. The employer must send a written request to the Administrator, including all required information.

The rule says

"An employer subject to this part who seeks a waiver from the prohibition against standing down an employee before the MRO has completed the verification process shall follow the procedures in 49 CFR 40.21." (49 CFR 382.119(b))

"The final decision whether to grant or deny the application for a waiver will be made by the Administrator or the Administrator's designee." (49 CFR 382.119(c))

In plain English

This rule is about when an employer can temporarily remove an employee from work after a positive drug test, but before the test results are officially verified. To do this, the employer needs to get special permission from the Federal Motor Carrier Safety Administration. The employer must follow a specific process, which includes sending a detailed request to the Administrator. The decision to grant or deny this permission is made by the Administrator or their representative. In practice, this means employers need to carefully document their reasons for requesting a waiver and be prepared to justify their decision to stand down an employee.

What to do

• Review 49 CFR 40.21 to understand the required procedures for requesting a waiver.
• Prepare a written request for a waiver, including all necessary information about the employee and the reason for the stand-down.
• Submit the request to the Administrator, Federal Motor Carrier Safety Administration, at the specified address.
• Wait for the Administrator's decision on the waiver request, which will include the terms and conditions for the waiver or the reason for denying the application.