A service agent is any person or entity, other than an employee of the employer, who provides services specified under Part 40 to employers and/or employees in connection with DOT drug and alcohol testing requirements. This includes, but is not limited to, collectors, BATs and STTs, laboratories, MROs, substance abuse professionals, and C/TPAs. To act as service agents, persons and organizations must meet the qualifications in Part 40. Service agents are not employers for purposes of Part 40.
Service agents can provide a variety of services, including random selections, breath alcohol testing, evaluations, etc. The roles and responsibilities of service agents are described in Subpart Q to Part 40. 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.”