(a) If an individual is performing, or being assessed for, work under a waiver of one or more of the requirements contained in §26.205(d)(1) through (d)(5)(i) and (d)(7) and declares that, due to fatigue, he or she is unable to safely and competently perform his or her duties, the licensee shall immediately stop the individual from performing any duties listed in §26.4(a), except if the individual is required to continue performing those duties under other requirements of this chapter. If the subject individual must continue performing the duties listed in §26.4(a) until relieved, the licensee shall immediately take action to relieve the individual.

(b) Following a self-declaration, as described in paragraph (a) of this section, the licensee—

(1) May reassign the individual to duties other than those listed in §26.4(a), but only if the results of a fatigue assessment, conducted under the requirements of §26.211, indicate that the individual is fit to safely and competently perform those other duties; and

(2) Shall permit or require the individual to take a break of at least 10 hours before the individual returns to performing any duties listed in §26.4(a).

[73 FR 17176, Mar. 31, 2008, as amended at 76 FR 43549, July 21, 2011]