[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR382.119]



[Page 164]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 382_CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING--Table of 

Contents

 

                            Subpart A_General

 

Sec. 382.119  Stand-down waiver provision.



    (a) Employers are prohibited from standing employees down, except 

consistent with a waiver from the Federal Motor Carrier Safety 

Administration as required under this section.

    (b) 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. The employer must send a written request, which includes all of 

the information required by that section to the Federal Motor Carrier 

Safety Administrator (or the Administrator's designee), U.S. Department 

of Transportation, 400 Seventh Street, SW., Washington, DC 20590.

    (c) The final decision whether to grant or deny the application for 

a waiver will be made by the Administrator or the Administrator's 

designee.

    (d) After a decision is signed by the Administrator or the 

Administrator's designee, the employer will be sent a copy of the 

decision, which will include the terms and conditions for the waiver or 

the reason for denying the application for a waiver.

    (e) Questions regarding waiver applications should be directed to 

the Office of Enforcement and Compliance, Federal Motor Carrier Safety 

Administration, 400 Seventh Street, SW., Washington, DC 20590. The 

telephone number is (202) 366-5720.