What does 49 CFR 40.11 (What are the general responsibilities of employers under this regulation?) require?

Short answer

Employers are responsible for meeting all applicable requirements and procedures of 49 CFR Part 40, and for all actions of their officials, representatives, and agents in carrying out the requirements of the DOT agency regulations. They must also ensure compliance with all applicable provisions of Part 40 and DOT agency drug and alcohol testing regulations in their agreements and arrangements with service agents.

The rule says

"As an employer, you are responsible for meeting all applicable requirements and procedures of this part." (49 CFR 40.11(a))

"You are responsible for all actions of your officials, representatives, and agents (including service agents) in carrying out the requirements of the DOT agency regulations." (49 CFR 40.11(b))

"All agreements and arrangements, written or unwritten, between and among employers and service agents concerning the implementation of DOT drug and alcohol testing requirements are deemed, as a matter of law, to require compliance with all applicable provisions of this part and DOT agency drug and alcohol testing regulations." (49 CFR 40.11(c))

In plain English

This means that employers have a broad responsibility to ensure that they and their representatives comply with the DOT's drug and alcohol testing regulations. They must also ensure that their service agents, such as collectors and medical review officers, comply with these regulations. Employers cannot contract out of their compliance obligations, and they will be held responsible for any non-compliance by their agents. In practice, this means that employers need to have a clear understanding of the regulations and ensure that their policies and procedures are compliant.

What to do

• Review your company's policies and procedures to ensure they comply with 49 CFR Part 40.
• Provide training to your officials, representatives, and agents on the requirements of the DOT agency regulations.
• Ensure that all agreements and arrangements with service agents require compliance with the applicable provisions of Part 40 and DOT agency drug and alcohol testing regulations.
• Regularly audit your compliance with the regulations to identify and address any gaps or weaknesses.