[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR40.15]



[Page 635-636]

 

                        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. 40.15  May an employer use a service agent to meet DOT drug and 

alcohol testing requirements?



    (a) As an employer, you may use a service agent to perform the tasks 

needed to comply with this part and DOT agency drug and alcohol testing 

regulations, consistent with the requirements of Subpart Q and other 

applicable provisions of this part.

    (b) As an employer, you are responsible for ensuring that the 

service agents you use meet the qualifications set forth in this part 

(e.g., Sec. 40.121 for MROs). You may require service agents to show 

you documentation that they meet the requirements of this part (e.g., 

documentation of MRO qualifications required by Sec. 40.121(e)).

    (c) You remain responsible for compliance with all applicable 

requirements of this part and other DOT drug and alcohol testing 

regulations, even when you use a service agent. If you violate this part 

or other DOT drug and alcohol testing regulations because a service 

agent has not provided services as our rules require, a DOT agency can 

subject you to sanctions. Your good faith use of a service agent is not 

a defense in an enforcement action initiated by a DOT agency in which 

your alleged noncompliance with this part or a DOT agency drug and 

alcohol regulation may have resulted from the service agent's conduct.



[[Page 636]]



    (d) As an employer, you must not permit a service agent to act as 

your DER.