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DOT Rule 49 CFR Part 40 Section 40.15 Q&A
§40.3; §40.15(d) 09/01
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?
• 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.