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§ § 40.135; 40.327

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.

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