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The Department of Transportation regulations governing drug and alcohol testing programs (49 CFR Part 40) make it very clear that the Employer (also referred to as ‘Company’) is responsible for all aspects of compliance with the regulations. That applies even if a company such as TEI has been designated as a service agent. It is critical that the Employer understand this concept. The responsibilities for each party are outlined below: Responsibilities of Trucker Exam Inc: 1. Provide a Certificate of Enrollment documenting the Employer’s participation in a DOT 49 CFR Part 40 compliant program. 2. Provide one ID card to each registered participant. 3. Provide a random selection process fully compliant with DOT regulations. 4. Provide Post Accident Cab Kits and replenish upon request. 5. Pre-Employment Testing – Provide all necessary forms, instructions and access to over 6,000 collection sites nationwide. 6. Aid in the Verification of Prior Violations by providing ‘Release of Information’ forms and support. 7. Update the consortium pool with Employer provided driver information and maintains ‘Audit Ready’ listing of participants. 8. Provide Chain of Custody forms as needed for all DOT required drug and alcohol testing. 9. Ensure all testing is completed by DOT compliant (SAMHSA) laboratory. 10. Provide a DOT certified Medical Review Officer (MRO) review for every test result. 11. Provide 24 hour a day post accident phone support. 12. Provide guidance and support for Reasonable Suspicion testing including training for supervisors. 13. Provide all test results ASAP and in a secured and confidential fashion as directed by the Employer. 14. In the event of a positive test result provide access to a network of DOT compliant Substance Abuse Professionals (SAP’s) available in the Employer’s area. 15. As directed by SAP provides Follow-up test notification and result monitoring. 16. Serve as the secondary custodian of all test records providing a back-up copy of the records as per DOT regulations. 17. Complete all DOT requested MIS reports as required, on schedule, and in the required formats. 18. Provide verification of compliance, participant names and any other available information to auditors as requested. Responsibilities of Company (Employer or Owner Operator) 1. New Employees: Require employees complete a Pre-Employment drug test and receive a negative result prior to starting safety sensitive (driving) work. 2. Existing Employees: Maintain a legible copy of a Pre-Employment test result available for review and/or audit. 3. Complete Verification of Prior Violations process for each new employee. 4. Provide ongoing and timely information of all changes to the safety sensitive employee roster to TEI. 5. Distribute Random Selection Notification letters to employees. 6. Ensure selected employees report for random testing by due date indicated. 7. Determine if a Post Accident drug and alcohol test is necessary following any accident. 8. Make the final determination whether or not to conduct a Reasonable Suspicion test. 9. Provide TEI with a secure and confidential means to receive test results. 10. If an employee tests positive make the final determination on whether to refer employee to a SAP or terminate the employee. 11. Ensure an employee does not resume safety sensitive role prior to SAP approval. 12. Provide any and all training to each employee as per DOT regulations. 13. Ensure each supervisor receives the DOT required Reasonable Suspicion training through TEI or another provider. 14. Serve as the primary custodian of the records as per the DOT regulations. 15. Ensure any test results not generated from TEI are reported to TEI. 16. Remain ultimately responsible for the outcome of any audit.