Service Agent Statement
Last updated: August 26, 2026
In plain language
We are a service agent under 49 CFR Part 40. We are not a SAP, not a DER, and we make no decision about testing anyone. This page says exactly where our limits are and which rule sets each one.
If you are a Designated Employer Representative, a safety director, or a Substance Abuse Professional deciding whether to list here, this is the page to read. Everything below is a limit on what we do — stated with the rule that imposes it, so you can check us against the regulation rather than against a marketing claim.
1. We are a service agent, and we say so
49 CFR §40.3 defines a service agent as “any person or entity, other than an employee of the employer, who provides services to employers and/or employees in connection with DOT drug and alcohol testing requirements.”
Once this platform books an evaluation, takes payment for it, or holds a document produced by it, that describes us. So Subpart Q binds us, including the Public Interest Exclusion at §40.365, and we operate on that basis rather than arguing we fall outside it.
2. We are not a Substance Abuse Professional
We do not evaluate anyone, diagnose anyone, or make any finding about anyone. Under §40.281 a SAP holds an underlying state licence or national certification — physician, psychologist, social worker, licensed professional counsellor, marriage and family therapist, employee assistance professional, or a certified drug and alcohol counsellor from an approved body. DOT issues no SAP licence at all, and neither do we.
3. We are not a DER, and we never act as one
§40.355(k): “You must not act as a DER.”We never act on an employer’s behalf to remove a driver from safety-sensitive duty, and no feature here is named after that role.
4. We do not decide that anyone should be tested
§40.355(g): a service agent “must not make decisions to test an employee based upon reasonable suspicion, post-accident, return-to-duty, and follow-up determination criteria.”
That is why nothing on this platform schedules a follow-up test, proposes a date for one, counts down to one, or notifies anybody that one is due. The obvious feature — a calendar of unannounced tests with reminders — is the one thing federal regulation forbids us to build, and we have not built it.
5. We do not transmit SAP reports to employers
§40.355(e): “you must not act as an intermediary in the transmission of individual SAP reports to the actual employer.”
There is one exception, at §40.355(f): we may transmit a SAP report to an owner-operator or other self-employed individual. So if the driver is an owner-operator, the document flow through us is lawful and it works. If the driver works for a company, it does not, and we will refuse — the SAP sends the report directly, or the driver downloads it and sends it themselves.
Driver intakes and session records are never sent to an employer at any employment status.
6. We never delay a document because of money
§40.355(n): “You must not intentionally delay the transmission of drug or alcohol testing-related documents concerning actions you have performed, because of a payment dispute or other reasons.”
No document in this system has a payment-dependent state. Not during a chargeback, not after a no-show, not when a provider’s subscription lapses. That is why we take payment at booking rather than after the appointment: settle first, and the rule never binds.
7. We do not schedule follow-up tests — the employer does
§40.307 makes the SAP “the sole determiner of the number and frequency of follow-up tests and whether these tests will be for drugs, alcohol, or both”, with a floor of six unannounced tests in the first 12 months and a ceiling of 60 months. The same section says “The SAP is not to establish the actual dates for the follow-up tests; the decision on specific dates to test is the employer’s.”
Under §40.309 the employer must carry the plan out. We provide the tool the SAP uses to write and deliver it, and nothing more.
8. We verify no licences and certify nobody
Where a provider says they may evaluate a driver remotely, that is their assertion about their own credential, recorded with a date and the wording they agreed to. §40.291 permits remote evaluation only within the limits of the SAP’s own state licence, and the state that governs is the one the driver is physically in. Only the SAP knows what their credential reaches.
Connecting a bank account is not a credential either. Nothing a provider pays for changes their position in a search result.
9. We hold no Clearinghouse data
SAPs report return-to-duty milestones to the FMCSA Clearinghouse directly, under their own credentials, through FMCSA’s system. We do not integrate with it, do not mirror it, do not pre-fill it, and cannot tell you what your Clearinghouse status is. If your status is wrong, the Clearinghouse is the record and we are not.
10. On the evaluation room
Where a remote evaluation happens in our room, we keep a record that it met §40.291: the times each party joined and left, whether both had video, the connection quality reported by the platform, and the encryption in force.
We do not record or transcribe the session.Nothing that was said is stored anywhere. And we do not describe the room as “HIPAA compliant” — whether HIPAA reaches a DOT SAP evaluation is unsettled, and §40.291 sets its own standard. We meet that one and cite it.