(a) With respect to those covered employees who are contractors or employed by a contractor, an operator may provide by contract that the alcohol testing, training and education required by this subpart be carried out by the contractor provided:
(b) The operator remains responsible for ensuring that the requirements of this subpart and part 40 of this title are complied with; and
(c) The contractor allows access to property and records by the operator, the Administrator , any DOT agency with regulatory authority over the operator or covered employee, and, if the operator is subject to the jurisdiction of a state agency, a representative of the state agency for the purposes of monitoring the operator's compliance with the requirements of this subpart and part 40 of this title.