[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR40.17]

[Page 599]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 40_PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING 
PROGRAMS--Table of Contents
 
                   Subpart B_Employer Responsibilities
 
Sec.  40.17  Is an employer responsible for obtaining information from its 
service agents?

    Yes, as an employer, you are responsible for obtaining information 
required by this part from your service agents. This is true whether or 
not you choose to use a C/TPA as an intermediary in transmitting 
information to you. For example, suppose an applicant for a safety-
sensitive job takes a pre-employment drug test, but there is a 
significant delay in your receipt of the test result from an MRO or C/
TPA. You must not assume that ``no news is good news'' and permit the 
applicant to perform safety-sensitive duties before receiving the 
result. This is a violation of the Department's regulations.