Skip to main content
 
CFR › Title 49 › Subtitle A › Part 40 › Subpart Q › Section 40.353

49 CFR 40.353 - What principles govern the interaction between MROs and other service agents?

There is 1 rule appearing in the Federal Register for 49 CFR 40. Select the tab below to view, or View eCFR (GPOAccess)
§ 40.353
What principles govern the interaction between MROs and other service agents?
As a service agent other than an MRO (e.g., a C/TPA), the following principles govern your interaction with MROs:
(a) You may provide MRO services to employers, directly or through contract, if you meet all applicable provisions of this part.
(b) If you employ or contract for an MRO, the MRO must perform duties independently and confidentially. When you have a relationship with an MRO, you must structure the relationship to ensure that this independence and confidentiality are not compromised. Specific means (including both physical and operational measures, as appropriate) to separate MRO functions and other service agent functions are essential.
(c) Only your staff who are actually under the day-to-day supervision and control of an MRO with respect to MRO functions may perform these functions. This does not mean that those staff may not perform other functions at other times. However, the designation of your staff to perform MRO functions under MRO supervision must be limited and not used as a subterfuge to circumvent confidentiality and other requirements of this part and DOT agency regulations. You must ensure that MRO staff operate under controls sufficient to ensure that the independence and confidentiality of the MRO process are not compromised.
(d) Like other MROs, an MRO you employ or contract with must personally conduct verification interviews with employees and must personally make all verification decisions. Consequently, your staff cannot perform these functions.

Title 49 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 49.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-10-03; vol. 77 # 192 - Wednesday, October 3, 2012
    1. 77 FR 60318 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs: 6-acetylmorphine (6-AM) Testing
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Office of the Secretary
      Final rule.
      The rule is effective October 3, 2012.
      49 CFR Part 40

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 49 - TRANSPORTATION

§ 102 - Department of Transportation

§ 301 - Leadership, consultation, and cooperation

§ 322 - General powers

§ 5331 - Alcohol and controlled substances testing

§ 20140 - Alcohol and controlled substances testing

§ 31306 - Alcohol and controlled substances testing

§ 45101 - Definition

§ 45102 - Alcohol and controlled substances testing programs

§ 45103 - Prohibited service

§ 45104 - Testing and laboratory requirements

§ 45105 - Rehabilitation

§ 45106 - Relationship to other laws, regulations, standards, and orders

§ 45107 - Transportation Security Administration

USC: Title 49a

§ 1301 note

§ 1434 note

§ 1618a

Title 49 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR 40 after this date.

  • 2012-10-03; vol. 77 # 192 - Wednesday, October 3, 2012
    1. 77 FR 60318 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs: 6-acetylmorphine (6-AM) Testing
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Office of the Secretary
      Final rule.
      The rule is effective October 3, 2012.
      49 CFR Part 40