What Can a C/TPA Do for an Owner-Operator under DOT Rules?

For an owner-operator or other self-employed individual, 49 CFR 40.355 allows a C/TPA to do several things it may not do for other employers. Under 40.355(h), a C/TPA may make decisions to test based on reasonable suspicion, post-accident, return-to-duty and follow-up criteria for an owner-operator. Under 40.355(f), it may pass the SAP report from the SAP to the owner-operator.

Under 40.355(j)(1), a C/TPA that schedules a required test for an owner-operator may determine that the individual refused the test if the individual fails to appear without a legitimate reason.

For motor carriers, 49 CFR 382.103(b) states that an employer who employs only himself or herself as a driver "shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool." Under 49 CFR 382.705(b)(6), an employer who employs himself or herself as a driver must designate a C/TPA to make the employer reports to the FMCSA Drug and Alcohol Clearinghouse about his or her own alcohol and controlled substances use. In that case, 382.705(c) states that the employer does not retain responsibility for that reporting.

Owner-operator random pools are covered in Can an Owner-Operator Be the Only Driver in a Random Testing Pool?. Learn Laws® offers FMCSA Designated Employer Representative Training, which covers owner-operators and their C/TPAs.

Owner-operators can search the TPAs category of the MyDrugTesting.com directory by location.