How can I get an exemption from DOT rule 49 CFR Part 40?

By Elly McGuinness | Last updated: April 7, 2019

The Department of Transportation (DOT) has regulations that specify how to conduct drug testing and alcohol testing. They also explain how to return employees to safety-sensitive duties after their drug and alcohol violations. These DOT-wide regulations are known as 49 CFR Part 40.

It is possible to get an exemption from a requirement in this regulation. First, you must request an exemption in writing from the Office of the Secretary of Transportation. This must follow the provisions and standards of 49 CFR part 5 (find out more below).

A request for exemption will only be granted under special or exceptional circumstances that are not likely to be generally applicable. If DOT recognizes that you are unable to comply with a specific requirement of 49 CFR part 40, you must then take the steps specified under the exemption. All exemptions will be issued as a written response.

Provisions and standards of 49 CFR part 5

49 CFR part 5 covers the rule-making procedures.

  • Applicability: "Secretary" means the Secretary of Transportation or a person to whom the Secretary has delegated authority
  • The secretary initiates rule-making and may consider the recommendations of other agencies and persons
  • Records concerning rule-making actions are kept in current cocket form in the Office of the General Counsel
  • Filing and processing of petitions (e.g. for amendment, repeal, or for a permanent or temporary exemption)
  • General procedures, contents of notices, hearings, adoption of finals rules, procedures for direct final rule-making and more

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Drug Testing Alcohol Testing Health and Safety Legal

Written by Elly McGuinness

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Elly has been inspiring people to make sustainable changes to their health, fitness and lifestyle for the past 15 years. She offers online solutions for people who are looking to get started on, or improve their health and fitness. She blogs regularly, writes for a number of health and well-being publications and is the published author of a holistic weight loss book.

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