Service Agents.Part

Part 40 applies to all parties involved in DOT drug and alcohol testing, including employers, drivers, and service agents. 

As part of the notice, the service agent must offer to transfer immediately all records pertaining to the employer and its employees to the employer or to any other service agent the employer designates. This transfer must be carried out as soon as the employer requests it. 

X Take responsibility for the actions of its officials, representatives, and agents (including service agents) in canning out Part 40. 

This means that not only do you have to comply with Part 40, but you are obligated to verify that your service agents are complying with the regulations as well (see 40.15 below for a discussion of service agents). 

Though the Part 40 regulations are complex, you do not have to face them alone. 40.15 May an employer use a service agent to meet DOT drug and alcohol testing requirements , allows you to use service agents to carry out the DOT testing requirements. 

A service agent means any person or entity, other than an employee of the employer, who provides services specified imder this part to employers and/or employees in connection with DOT drug and alcohol testing requirements. This includes, but is not limited to, collectors, BATs and STTs, laboratories, MROs, substance abuse professionals, and C/TPAs. To act as service agents, persons and organizations must meet the qualifications set forth in applicable sections of this part. Service agents are not employers for purposes of this part. 

You are responsible for Part 40 compliance even if you use a service agent ... 

Carriers, their drivers, service agents, and contractors must be familiar with the provisions of Parts 40 and 382 in order to manage or assist in administering a carrier s testing program. 

Public Health Service. 42 CFR Part 73—"Select Agents and Toxins." 2004 443-58. 

ZDDP (zinc dialkyl dithiophos-phate or zinc diaryl dithiophos-phate)—widely used as an anti-wear agent in motor oils to protect heavily loaded parts, particularly the valve train mechanisms (such as the camshaft and cam followers) from excessive wear. It is also used as an anti-wear agent in hydraulic fluids and certain other products. ZDDP is also an effective oxidation inhibitor. Oils containing ZDDP should not be used in engines that employ silver alloy bearings. All car manufacturers now recommend the use of dialkyl ZDDP in motor oils for passenger car service. 

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