What does 49 CFR 40.349 (What records may a service agent receive and maintain?) require?

As a motor-carrier owner, here is what 49 CFR 40.349 requires of service agents regarding your drug and alcohol testing records:

* What they can receive and maintain: Service agents may receive and maintain all of your DOT drug and alcohol testing program records (including positive, negative, and refusal test results) and operational information (such as CCFs, ATFs, random pool employee names, random selection lists, and employer notices) without needing employee consent.

* Simultaneous transmission: If an MRO or BAT sends testing information directly to your Designated Employer Representative (DER), they can also send it simultaneously to your C/TPA or service agent who maintains your records.

* Transmitting to you: If the service agent acts as an intermediary transmitting required information to you, they must ensure it reaches you within the required time periods.

* Producing records for DOT: If a DOT agency representative asks you to produce information, the service agent must be able to make it available to you within two business days.

* Transferring records to you: Upon your request at any time, the service agent must immediately transfer all records pertaining to you and your employees to you (or to another service agent you designate) as soon as requested, without needing employee consent. They cannot charge a fee for releasing the records, though they may charge their reasonable administrative costs for the transfer.

* Going out of business or merging: If the service agent goes out of business, is bought, or merges, they must immediately notify all employers and offer to transfer all records pertaining to you and your employees to you or your designated service agent immediately upon request, without employee consent and without charging a release fee (though reasonable administrative transfer costs may apply).