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Service agents provide services to employers and/or employees in connection with Department of Transportation (DOT) drug and alcohol testing requirements under Parts 40 and 382.
Motor carriers who are required to have a drug and alcohol testing program under Parts 40 and 382 will work with a variety of service agents such as laboratories, collection facilities, and medical review officers.
Examples of service agents include, but are not limited to:
To act as service agents, persons and organizations must meet the qualifications set forth in applicable sections of Parts 40 and 382. Service agents are not employers for purposes of the regulations.
The roles and responsibilities of service agents are described in Subpart Q. The motor carrier is responsible for Part 40 compliance even if it uses a service agent. As stated in 40.15(c): “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.” Public interest exclusion. The Department of Transportation (DOT) has established the public interest exclusion (PIE) to protect transportation employers and employees from serious noncompliance with DOT drug and alcohol testing rules by ensuring that employers conduct business only with responsible service agents.
The DOT uses PIEs to exclude any service agent from participating in its drug and alcohol testing program that by serious noncompliance has shown that is it not currently acting in a responsible manner. The process by which a service agent is issued a PIE is found in Subpart R of Part 40. The DOT maintains a document called “List of Excluded Drug and Alcohol Service Agents” which lists those agents who cannot be used in DOT drug and alcohol programs. This document can be found at the DOT website.