What does 49 CFR 40.17 (Is an employer responsible for obtaining information from its service agents?) require?

Short answer

An employer is responsible for obtaining information from its service agents. The employer must not assume that no news is good news and permit the applicant to perform safety-sensitive duties before receiving the test result from an MRO or C/TPA.

The rule says

"Yes, as an employer, you are responsible for obtaining information required by this part from your service agents." (49 CFR 40.17)

"You must not assume that no news is good news and permit the applicant to perform safety-sensitive duties before receiving the result." (49 CFR 40.17)

In plain English

This means that even if an employer uses a service agent, such as a C/TPA, to manage its drug and alcohol testing program, the employer is still responsible for ensuring that it receives all required information from the service agent. If there is a delay in receiving test results, the employer cannot allow the applicant to start work in a safety-sensitive position until the results are received.

What to do

• Ensure that service agents provide all required information in a timely manner.
• Do not permit applicants to perform safety-sensitive duties until all required information, including test results, has been received.
• Establish a system to track and follow up on missing information from service agents.
• Review and update contracts with service agents to ensure they meet the requirements of 49 CFR 40.17.