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Limitations of a TPA when dealing with DOT Follow-Up Testing

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Last updated: November 27, 2023

Can a TPA provide DOT follow-up testing schedules to an employer?

No, as per § 40.355 – What limitations apply to the activities of service agents?

Except as provided in paragraph (h) of this section, you must not make decisions to test an employee based upon reasonable suspicion, post-accident, return-to-duty, and follow-up determination criteria. These are duties the actual employer cannot delegate to a C/TPA. You may, however, provide advice and information to employers regarding these testing issues and how the employer should schedule required testing. Paragraph (h) deals with owner operators.

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About David Bell

After seeing the damage caused by drug use first-hand, David sold his previous company and worked his way up through the ranks in the drug testing industry to help employers keep drugs and alcohol out of the workplace.