What does 49 CFR 40.345 (In what circumstances may a C/TPA act as an intermediary in the transmission of drug and alcohol testing information to employers?) require?

Based on 49 CFR 40.345, a C/TPA (Consortium/Third-Party Administrator) or other service agent may only act as an intermediary to transmit drug and alcohol testing information to you if you, as the employer, specifically choose to have them do so. You make the final decision on whether to receive this information through a C/TPA instead of getting it directly from the originating service agent (such as a Medical Review Officer [MRO] or Breath Alcohol Technician [BAT]).

Additionally, the following rules apply:

* Approved Situations Only: The specific rules and parts of the regulation where a C/TPA is allowed to act as an intermediary are listed in Appendix H of 49 CFR Part 40. They are strictly prohibited from acting as an intermediary in any other situation.

* Strict Compliance: Whenever a C/TPA transmits information to you, they must meet every requirement—such as rules on confidentiality and timing—that would have applied if the originating service agent had sent the information to you directly. For example, if they pass along drug test results from an MRO to your Designated Employer Representative (DER), they must do so in full compliance with the MRO requirements set in § 40.167.