The Compliance You Paid For Isn't Always the Compliance You Have

DOT allows employers to use service agents, including C/TPAs, but the employer remains responsible for compliance with applicable requirements.^[1]

A testing invoice is not a compliance system

A program can include collections, laboratory testing, and result reporting while still leaving gaps in random administration, Clearinghouse responsibilities, policy alignment, records, supervisor training, or employer follow-through. The important question is not simply whether testing is being purchased. It is whether the entire program is being managed coherently.

Know what your provider actually manages

Different service providers perform different functions. Some coordinate tests only. Others administer random programs, maintain records, or perform permitted Clearinghouse functions. Employers should understand which responsibilities are included and which remain with the employer.

Records matter when someone asks for them

Part 40 identifies records that service agents may maintain for employers, but the employer must still be able to meet applicable record-production and compliance responsibilities.^[2] A program that feels organized day to day can look very different when documentation is requested.

A C/TPA should reduce operational burden, not create ambiguity

The value of program management is consistency: clear responsibilities, coordinated testing, dependable random administration, accessible records, and a knowledgeable point of contact when an event occurs.