49 CFR 40.17
§ 40.17 Is an employer responsible for obtaining information from its service agents?
United States · 49 CFR — Transportation · Status: effective
Cite this
- Citation
- 49 CFR 40.17, § 40.17 Is an employer responsible for obtaining information from its service agents?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/255190
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Full text
Yes, as an employer, you are responsible for obtaining information required by this part from your service agents. This is true whether or not you choose to use a C/TPA as an intermediary in transmitting information to you. For example, suppose an applicant for a safety-sensitive job takes a pre-employment drug test, but there is a significant delay in your receipt of the test result from an MRO or C/TPA. You must not assume that “no news is good news” and permit the applicant to perform safety-sensitive duties before receiving the result. This is a violation of the Department's regulations.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.