[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: 49CFR40.17]



[Page 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. 40.17  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.