DOT Rule 49 CFR Part 40 Section 40.135 Q&A

§§ 40.135; 40.327                                                                   01/18

QUESTION:

During the verification interview, the MRO may learn about a legally prescribed medication that would likely make the employee medically unqualified or would likely pose a significant safety risk.  Section 40.135(e) requires the MRO to tell the employee to have his/her prescribing physician contact the MRO to discuss the MRO’s concern about the medication.  If the prescribing physician does not speak with the MRO within 5 business days of the MRO informing the employee to have his/her prescribing physician contact the MRO, the MRO will report the information about the legally prescribed medication to the appropriate third party.  Can the MRO report that information to a third party before 5 business days have elapsed?                                                                      

ANSWER:                                                           

• Yes, there could be instances where the MRO would not have to wait the 5 business days to report the information, for example:

• The prescribing physician speaks with the MRO before 5 business days have elapsed and the significant safety risk remains unresolved.

• The employee expressly declines to have his/her prescribing physician speak with the MRO.

• If, during the verification interview, the MRO learns of a medical condition or diagnosis that is likely to result in the employee’s being medically unqualified under a DOT agency regulation (e.g, FAA, FMCSA, USCG), the MRO must report that information under the procedures in § 40.327.  The 5-day pause provision in § 40.135(e) is inapplicable.