{"data":{"id":"us/49-cfr-40.15","jurisdiction":"us","citation":"49 CFR 40.15","heading":"May an employer use a service agent to meet DOT drug and alcohol testing requirements?","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(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(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(d) As an employer, you must not permit a service agent to act as your DER.","path":["Title 49—Transportation","Subtitle A—Office of the Secretary of Transportation","PART 40—PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS","Subpart B—Employer Responsibilities"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-49.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:34Z","sha256":"ceccf80f733dcdd6222148a06e71b90c2e0d0bd07d7d3968594dc3096ce2da17","source_id":"us-cfr","stale":true,"prev":"us/49-cfr-40.14","next":"us/49-cfr-40.17"},"notice":"GroundRules: Original legal text. Not legal advice."}