The Use of Stand Down Waivers in DOT Drug Testing

Sometimes, after the random drug test of several of a company's DOT drivers, negative test results are received by the employer for all but one of them. The employer may become concerned that the result they are waiting for is going to be a positive one. The employer's normal inclination might be to remove that driver from a safety sensitive position until the test result has been received. However, the DOT rules state that the employer may not do that unless certain specific steps are taken.

STAND DOWN WAIVERS
The term for removing a driver from a safety sensitive position while awaiting verification of test results from the MRO is "standing down" that employee. Employers are prohibited from standing an employee down, unless they obtain a waiver from a DOT agency. Employers may request such a waiver from the DOT agency whose drug and alcohol testing rules apply to the majority of their employees.

Such a waiver, if granted, permits the employer to stand an employee down pending the MRO's receipt of a laboratory report of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test pertaining to the employee. Agencies of the DOT do not grant Stand Down Waivers without quite a bit of information from the employer. The DOT will want to know the employer's reasons for believing that a Stand Down Waiver is needed and will require facts that support that conclusion, including any data on safety problems or incidents that could have been prevented if a stand-down procedure had been in place.

In addition, the DOT agency will require certain specific assurances. For example, that the company will include a stand-down provision in the company policy and make sure that it is distributed to all covered employees. Also, how the company will ensure that the stand-down provision will apply to all covered employees equally. For most companies, it would require quite a bit of time and effort to meet the requirements of obtaining a Stand Down Waiver. For more details about what other assurances are required and what actions a company needs to take, see DOT Stand Down Requirements.

The DOT regulations are designed to be fair to employees and at the same time, protect the public and industry. A delayed drug test result does not necessarily mean a positive one. Companies are advised to continue to require their drivers to perform their assigned duties until they receive a verified positive test result.