Can a C/TPA Prepare an Employer's DOT MIS Report?

Yes, for motor carriers. Under 49 CFR 382.403(e), a service agent such as a C/TPA "may prepare the MIS report on behalf of an employer." However, a company official, such as the DER, "must certify the accuracy and completeness of the MIS report, no matter who prepares it."

The Management Information System (MIS) report is an annual calendar-year summary of an employer's drug and alcohol testing results. Under 382.403(a), an employer prepares and maintains the summary when requested by the Secretary of Transportation, a DOT agency or a state or local official with regulatory authority. Under 382.403(b), an employer notified during January of an FMCSA request submits the report by March 15 of that year.

Under 49 CFR 40.26, an employer required to report MIS data uses the U.S. Department of Transportation Drug and Alcohol Testing MIS Data Collection Form and the instructions in Appendix J to Part 40. Section 382.403(c) states that each employer is responsible for the accuracy and timeliness of each report, whether submitted by the employer or a consortium. Under 49 CFR 382.401, a copy of each annual summary is kept for at least five years.

Retention periods are covered in How Long Must Motor Carriers Keep Drug and Alcohol Testing Records?.

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