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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 49 - Transportation |
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Subtitle B - Other Regulations Relating to Transportation |
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Chapter III - Federal Motor Carrier Safety Administration, Department of Transportation |
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SubChapter B - Federal Motor Carrier Safety Regulations |
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Part 382 - Controlled Substances and Alcohol Use and Testing |
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Subpart A - General |
§ 382.119 - Stand-down waiver provision.
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§ 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 Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.
(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 Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance Safety Programs (MC-ECSS), 1200 New Jersey Ave., SE., Washington, DC 20590-0001.
[66 FR 43103, Aug. 17, 2001, as amended at 72 FR 55700, Oct. 1, 2007; 87 FR 59035, Sept. 29, 2022]