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 Labworks USA 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 LABWORKS USA:
RESPONSIBILITIES OF COMPANY (EMPLOYER OR OWNER OPERATOR)
EXPLANATION OF FEES
· Annual membership – Valid for 12 months and must renew no later than 1 day before your anniversary date indicated on your certificate of enrollment.
· Each initial driver – On your initial sign up you are charged a fee for each driver added to your account. This covers the cost to set up and maintain that driver in our consortium’s databases.
· Add additional drivers – After your initial sign up you can add a new driver and the set-up fee is the same as on your initial sign up.
Manage FMCSA Clearinghouse responsibilities - We will conduct the required pre-employment and annual queries as well as report any violations and return to duty results to the Clearinghouse.
FMCSA Clearinghouse Registration Assistance - One of our Clearinghouse agents will work one on one with you to get you correctly registered in the Clearinghouse.
· Re-instate a driver that was previously added to your account but was subsequently removed. There will be no fee for this.
· Drug and alcohol tests ordered outside of random test selections. This fee is as listed in “Our Rates” with the exception that if you choose to use a collection site/clinic that is not in our network of clinics found using the “Collection Site Locator” page. If you use an out of network collection site you will be charged the cost of the collection plus the listed rate for the drug or alcohol test in “our Rates”. If you pay for the collection at the clinic you will only be billed the listed rate. If you do not pay at the time of the collection the cost of the collection will be added on top of the listed rate. We only charge what the collection site bills us.
· Random Selection drug and alcohol tests – When you are selected for a random test you will be billed after we have received the results from the MRO. These invoices are due at the time the results are confirmed by the MRO and available in your account. The primary payment method, saved in your account, will be billed 30 days after receipt of the invoice.
· Alternate Selections – It is critical that you keep your active driver list current. If a driver on your active list is selected for a random test and we are subsequently informed that driver is no longer active you will be charged a $35.00 alternate selection fee. This fee covers the time to manually reselect another driver and to update your active driver list.
Unless otherwise noted invoices are due upon receipt. Upon closure of an account any unpaid invoices will become immediately due. Labworks USA reserves the right to use the credit card or ACH information provided by the Company to pay the balance on any amounts owed to Labworks USA by the Company. Any payment information is stored in Authorize.net secure server rated PCI DSS compliant and one of the most secure payment gateways in the world.
If Labworks USA deems it necessary to use a third party to collect a past due debt from the Company Labworks USA reserves the right to charge the Company a Collection fee of $50.
DISHONORED CHECK/AUTOMATIC PAYMENT CHARGES
Where permitted by law, Employer agrees to pay a $25.00 fee or other permitted maximum amount for (a) any dishonored or returned check or other item due to lack of funds in the maker’s account or the failure of maker to have an account, or because maker stopped payment without good cause, and (b) any Automatic Payment authorized by Employer which is rejected or not honored by Employer’s bank or credit card issuer for any reason, along with any costs and expenses incurred in connection with collection of such dishonored, returned or rejected check, other item or Automatic Payment.
This Service Agreement is governed by the laws of the state of Oregon.
Either party may cancel this agreement upon 30 days written notice.
Both parties agree that should suit or action be instituted to enforce the terms of this Service Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in such litigation, and on any appeal.
Employer agrees to indemnify Labworks USA, its assignee's, and vendors, and hold each of them harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses, including legal fees, arising out of or by reason of any breach or alleged breach by Labworks USA of any of the representations, warranties, or agreements made under this Service Agreement.
TERMS FOR EXPULSION FROM THE CONSORTIUM
Labworks USA strives to help keep Employers in compliance with the regulations however ultimately the responsibility lies with the Employer. Should the Employer fail to comply with the regulations as set forth by 49 CFR Part 40, Labworks USA reserves the right to expel the Employer from all Labworks USA random selection pools.