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Office of Drug & Alcohol Policy & Compliance
1200 New Jersey Ave, SE
W62-300
Washington DC 20590
Phone:
(202) 366-3784
Alt Phone:
(800) 225-3784
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(202) 366-3897
DOT Rule 49 CFR Part 40 Section 40.15 Q&A
§40.3; §40.15(d) 09/01
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.
Updated: Friday, October 19, 2012