Ask X3What does 49 CFR 40.347 (What functions may C/TPAs perform with respect to administering testing?) require?
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Based on 49 CFR 40.347, as a motor-carrier owner utilizing a Consortium/Third-Party Administrator (C/TPA), the C/TPA may perform the following administrative functions regarding drug and alcohol testing:
* Operate random testing programs for employers.
* Assist with other types of testing (such as pre-employment, post-accident, reasonable suspicion, return-to-duty, and follow-up) by contracting with laboratories or collection sites, or by conducting collections.
* Combine employees from more than one employer or transportation industry into a single random pool, provided it is allowed by all involved DOT agency regulations.
* If combining employees from different transportation industries, the C/TPA must ensure the random testing rate is at least equal to the highest rate required by any of the involved DOT agencies.
* Non-DOT covered employees cannot be placed in the same random pool as DOT-covered employees.
* Assist employers in ensuring follow-up testing is conducted according to the plan set by the Substance Abuse Professional (SAP). However, neither you nor the C/TPA are allowed to randomly select employees from a "follow-up pool" for follow-up testing.