[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2006]
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.