(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 Part be carried out by the contractor provided:

1. (1) the operator remains responsible for ensuring that the requirements of this Part and 49 CFR part 40 are complied with; and
2. (2) 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 the department, a representative of the department for the purposes of monitoring the operator's compliance with the requirements of this Part and 49 CFR part 40.