Ask X3What does 49 CFR 382.117 (Public interest exclusion) require?
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Short answer
No employer shall use the services of a service agent who is subject to public interest exclusion in accordance with 49 CFR part 40, Subpart R. This means employers must ensure their service agents are not excluded.
The rule says
"No employer shall use the services of a service agent who is subject to public interest exclusion in accordance with 49 CFR part 40, Subpart R." (49 CFR 382.117)
In plain English
This rule is about protecting the public interest by ensuring that employers only work with responsible service agents. If a service agent has been excluded due to serious noncompliance with DOT drug and alcohol testing rules, an employer cannot use their services.
What to do
- Verify the status of service agents before engaging their services
- Check if a service agent is subject to public interest exclusion under 49 CFR part 40, Subpart R
- Ensure all service agents used are compliant with DOT drug and alcohol testing regulations
- Review and update contracts with service agents to include compliance requirements