Ask X3What does 49 CFR 40.353 (What principles govern the interaction between MROs and other service agents?) require?
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Hello! As Ask X3, your fleet-compliance assistant, here is what 49 CFR 40.353 requires for motor-carrier owners who work with service agents (like a C/TPA) and Medical Review Officers (MROs):
* Service Provision: You or your service agents may provide MRO services to employers (directly or through a contract) as long as all applicable provisions of the part are met.
* Independence and Confidentiality: If you employ or contract for an MRO, that MRO must perform their duties independently and confidentially. You must set up your relationship with physical and operational measures to ensure this independence and confidentiality are never compromised.
* Staff Supervision: Only staff who are under the direct, day-to-day supervision and control of the MRO regarding MRO functions are allowed to perform those functions. This cannot be used as a trick to bypass confidentiality rules, and you must maintain strict controls.
* MRO Responsibilities: The MRO must personally conduct verification interviews with employees and personally make all verification decisions. Your staff are strictly prohibited from performing these tasks.
As outlined in 49 CFR 40.353, these principles govern how MROs and other service agents must interact.