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:

• Provide a Certificate of Enrollment documenting the Employer’s participation in a DOT 49 CFR Part 40 compliant program.
• Provide a random selection process fully compliant with DOT regulations.
• Pre-Employment Testing – Provide all necessary forms, instructions and access to over 20,000 collection sites nationwide.
• Aid in the Verification of Prior Violations of DOT's drug and alcohol regulation by providing, upon request, a sample drug and alcohol testing company policy with ‘Release of Information’ forms and support for the FMCSA Clearinghouse at an additional cost.
• Update the consortium pool with employer provided driver information and maintain ‘Audit Ready’ listing of participants.
• Provide electronic Chain of Custody forms as needed for all DOT required drug and alcohol testing.
• Ensure all testing is completed by a DOT compliant (SAMHSA) laboratories.
• Provide a DOT certified Medical Review Officer (MRO) review for every test result.
• Provide guidance and support for Reasonable Suspicion testing including training for supervisors at an additional cost.
• Provide all test results ASAP and in a secured and confidential fashion as directed by the Employer.
• In the event of a positive test result provide access to a network of DOT compliant Substance Abuse Professionals (SAP’s) available in the Employer’s area.
• As directed by SAP provide Follow-up test notification and result monitoring at an additional cost.
• Serve as the secondary custodian of all test records providing a back-up copy of the records as per DOT regulations.
• Complete all DOT requested MIS reports as required, on schedule, and in the required format.
• Provide verification of compliance, participant names and any other available information to auditors as requested.

RESPONSIBILITIES OF COMPANY (EMPLOYER OR OWNER OPERATOR)

• New Employees are required to complete a pre-employment drug test and receive a negative result prior to starting safety sensitive (driving) work, or, verification that the pre-employment test result was obtained outside of Labworks USA and that all conditions required by the US DOT for pre-employment testing and verification of prior random pool enrollment have been met by the employer.
• Provide a new employee with a copy of a valid company drug and alcohol testing policy which is to include verbiage asking for consent from the employee to conduct limited queries in the FMCSA Clearinghouse at least once a year. The employee is to sign this policy and retain a copy and the company is to file the signed copy. A sample company drug and alcohol policy is available upon request.
• Existing Employees: Maintain a legible copy of a pre-employment test result available for review and/or audit.
• Complete Verification of Prior Violations process for each new employee including a full query in the FMCSA Clearinghouse.
• Provide ongoing and timely information of all changes to the safety sensitive employee roster to Labworks USA including date of Birth and Valid CDL numbers.
• Distribute Random Selection Notification letters to employees.
• Ensure selected employees report for random testing by due date indicated.
• Determine if a Post-Accident drug and alcohol test is necessary following any accident.
• Make the final determination whether or not to conduct a Reasonable Suspicion test.
• Provide Labworks USA with a secure and confidential means to deliver test results.
• If an employee tests positive, make the final determination on whether to refer employee to a SAP or terminate the employee. Ensure an employee does not resume safety sensitive role prior to SAP approval.
• Provide any and all training to each employee as per DOT regulations.
• Ensure a supervisor receives the DOT required Reasonable Suspicion training through Labworks USA or another provider.
• Serve as the primary custodian of the records as per the DOT regulations.
• Remain ultimately responsible for the outcome of any audit.

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.

INVOICE TERMS

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.

COLLECTION COSTS

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.

GOVERNING LAW

This Service Agreement is governed by the laws of the state of Oregon.

CANCELLATION

Either party may cancel this agreement upon 30 days written notice.

ATTORNEY’S FEES

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.

INDEMNIFICATION

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.