{"operation":"document","citation":"49 CFR 40.15","title":"May an employer use a service agent to meet DOT drug and alcohol testing requirements?","source_type":"regulation","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":null,"effective_on":"2026-08-18","summary":"(a) As an employer, you may use a service agent to perform the tasks needed to comply with this part and DOT agency drug and alcohol testing regulations, consistent with the requirements of Subpart Q and other applicable provisions of this part.\n\n(b) As an employer, you are responsible for ensuring ","machine_formats":{"json":"https://regulus.evalyn.ai/document/49-cfr-40-15.json","markdown":"https://regulus.evalyn.ai/document/49-cfr-40-15.md"},"app_url":"https://regulus.evalyn.ai/document/49-cfr-40-15","source_url":"https://www.ecfr.gov/on/2026-08-18/title-49/section-40.15","body":"(a) As an employer, you may use a service agent to perform the tasks needed to comply with this part and DOT agency drug and alcohol testing regulations, consistent with the requirements of Subpart Q and other applicable provisions of this part.\n\n(b) As an employer, you are responsible for ensuring that the service agents you use meet the qualifications set forth in this part (e.g., § 40.121 for MROs). You may require service agents to show you documentation that they meet the requirements of this part (e.g., documentation of MRO qualifications required by § 40.121(e)).\n\n(c) You remain responsible for compliance with all applicable requirements of this part and other DOT drug and alcohol testing regulations, even when you use a service agent. If you violate this part or other DOT drug and alcohol testing regulations because a service agent has not provided services as our rules require, a DOT agency can subject you to sanctions. Your good faith use of a service agent is not a defense in an enforcement action initiated by a DOT agency in which your alleged noncompliance with this part or a DOT agency drug and alcohol regulation may have resulted from the service agent's conduct.\n\n(d) As an employer, you must not permit a service agent to act as your DER.","truncated":false,"body_characters":1273}