['Drug and Alcohol Testing - DOT']

['Consortium: third-party administrator (TPA) - Motor Carrier']

06/04/2026

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Topic Search
Drug and Alcohol Testing - DOT - Consortium: third-party administrator (TPA) - Motor Carrier

§40.15 May an employer use a service agent to meet DOT drug and alcohol testing requirements?

RegSense Fleet Safety Drug and Alcohol Testing - DOT Office of the Secretary of Transportation Consortium: third-party administrator (TPA) - Motor Carrier Focus Area Compliance Docs Standard Interpretation English Transportation USA

Also applies to:

§40.3 What do the terms used in this regulation mean?

Question: If a C/TPA is hired as an “independent safety consultant” that executes all aspects of the employer’s safety and drug and alcohol testing programs, can the C/TPA act as a DER?

Answer:

Service agents are prohibited from acting as DERs under any circumstances.
The fact that an organization that is called an “independent safety consultant” acts as a consultant to an employer for purposes of executing a drug and alcohol testing or safety program does not make it any less a service agent. It is still prohibited from acting as a DER.

['Drug and Alcohol Testing - DOT']

['Consortium: third-party administrator (TPA) - Motor Carrier']

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