What does 49 CFR 40.15 (May an employer use a service agent to meet DOT drug and alcohol testing requirements?) require?

Short answer

Four things, and you need all of them:

1. The employer may use a service agent to perform tasks needed to comply with DOT drug and alcohol testing regulations.

2. The employer is responsible for ensuring that the service agents used meet the qualifications set forth in the regulations.

3. The employer remains responsible for compliance with all applicable requirements, even when using a service agent.

4. The employer must not permit a service agent to act as the employer's DER.

The rule says

"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." (49 CFR 40.15(a))

"You are responsible for ensuring that the service agents you use meet the qualifications set forth in this part." (49 CFR 40.15(b))

"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." (49 CFR 40.15(c))

"As an employer, you must not permit a service agent to act as your DER." (49 CFR 40.15(d))

In plain English

When using a service agent for DOT drug and alcohol testing, the employer is still on the hook for making sure everything is done right. The service agent must meet the qualifications outlined in the regulations, and the employer must ensure this. Even with a service agent, the employer remains responsible for compliance with all applicable requirements. Additionally, the employer's Designated Employer Representative (DER) cannot be a service agent - this role must be filled by someone within the employer's organization.

What to do

• Ensure that any service agent used meets the qualifications set forth in the regulations.
• Maintain a documented procedure for ensuring service agent compliance.
• Verify service agent compliance through periodic self-audits.
• Designate an internal employee as the DER, rather than using a service agent.