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Many motor carriers use a consortium/third party administrator (C/TPA) to administer some or all of its drug and alcohol testing program.
This regulation applies to motor carriers that operate a commercial motor vehicle (CMV) requiring the driver to possess a commercial driver’s license (CDL) in interstate, intrastate, or foreign commerce.
C/TPAs typically provide or coordinate the provision of a number of such services and perform administrative tasks concerning the operation of the employers’ drug and alcohol testing programs.
A C/TPA groups two unique services together as one — a consortium and a third-party administrator. However, each plays a slightly different role in the management of motor carrier compliance.
The service agent cannot act as a Designated Employer Representative (DER), as it cannot be defined as the employer for DOT purposes.
A carrier’s individual contract will determine what services are rendered on behalf of the motor carrier. A consortium may take on these third-party administrator roles as well.
An organization may take on all or some of the roles with a variety of clients.
Motor carrier responsibilities. According to 49 CFR 40.11, motor carriers are responsible for the actions of their service agents in carrying out its compliance efforts. In addition, 40.17 states that employers are responsible for obtaining information required under the regulations from its service agents. If the C/TPA acts as an intermediary, the motor carrier must still follow through to make sure test results have been received. They cannot assume that “no news is good news.”