Does an Employer Remain Responsible for DOT Compliance after Hiring a C/TPA?

Yes. Under 49 CFR 40.15(c), an employer remains responsible for compliance with Part 40 and other DOT drug and alcohol testing regulations even when it uses a service agent, such as a C/TPA. The rule states that a DOT agency can subject the employer to sanctions if a violation results from a service agent not providing services as the rules require.

Section 40.15(c) also states that good faith use of a service agent "is not a defense in an enforcement action" initiated by a DOT agency. Section 40.355(o) repeats the point from the service agent side: the actual employer remains accountable to DOT, and a service agent's failure to carry out the program as required makes the employer subject to enforcement action.

Under 40.15(a), an employer may use a service agent to perform the tasks needed to comply with Part 40, consistent with Subpart Q. Under 40.15(b), the employer is responsible for making sure that its service agents meet Part 40 qualifications, and it may ask them for documentation, such as the MRO qualification documentation described in 49 CFR 40.121(e).

For motor carriers, 49 CFR 382.705(c) applies the same principle to Clearinghouse reporting. An employer that designates a C/TPA to report for it "retains ultimate responsibility for compliance," with an exception in 382.705(b)(6) for an employer who employs himself or herself as a driver.

TPAs can be shown with the category filter in the MyDrugTesting.com directory, and the results can be searched by city, state or ZIP code.