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

August 8, 2016 by David Bell

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.

About David Bell

David Bell is the CEO of USA Mobile Drug Testing. In his previous position as the VP of Sales and Marketing, he doubled company revenue by helping franchisees leverage technology to increase sales and improve customer service. After seeing the damage caused by drug use first-hand, David sold his 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.