# Is an employer responsible for obtaining information from its service agents?

**Citation:** 49 CFR 40.17  
**Type / status:** regulation / current  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** 2026-08-18  
**Published:** Not stated

Yes, as an employer, you are responsible for obtaining information required by this part from your service agents. This is true whether or not you choose to use a C/TPA as an intermediary in transmitting information to you. For example, suppose an applicant for a safety-sensitive job takes a pre-emp

## Document text

Yes, as an employer, you are responsible for obtaining information required by this part from your service agents. This is true whether or not you choose to use a C/TPA as an intermediary in transmitting information to you. For example, suppose an applicant for a safety-sensitive job takes a pre-employment drug test, but there is a significant delay in your receipt of the test result from an MRO or C/TPA. You must not assume that “no news is good news” and permit the applicant to perform safety-sensitive duties before receiving the result. This is a violation of the Department's regulations.

## Provenance

- Official: Yes
- Source: <https://www.ecfr.gov/on/2026-08-18/title-49/section-40.17>
- Source ID: `ecfr`
- SHA-256: `eccbaafec7a17f7bf172d45914f2c43006ec1bf13b20c940de54cef2863f9869`
- Retrieved: 2026-08-20T05:54:21.729Z
- Exported: 2026-08-24T06:10:14.064Z
- Document slug: `49-cfr-40-17`

### Source metadata

```json
{
  "cfrTitle": 49,
  "part": "40",
  "section": "40.17",
  "subpart": "Subpart B—Employer Responsibilities",
  "corpusVersion": "2026-08-18",
  "jurisdiction": "US"
}
```