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
- 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.
- Provide optional assistance with the Verification of
Prior Violations by providing FMCSA Clearinghouse support.
- Update the consortium pool with
employer provided driver information and maintain ‘Audit Ready’ listing of
- Provide electronic Chain of
Custody forms 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
- 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
- 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 formats.
- Provide verification of
compliance, participant names and any other available information to
auditors as requested.
- Act as DER for all Owner Operator members including, random test requirement notification, and Clearinghouse reporting.
- Return to Duty process and Follow Up plan assistance:
- When this service is purchased Labworks USA is responsible for confirming the follow up program with the SAP.
- By initiating this process via email, Labworks USA and the user/client/DER/driver confirm and verify the email address is valid and continue to use the verified email address as the official means of communication for any and all notifications.
- Consulting with the DER or driver to make sure they understand their responsibilities and the process involved to get the driver to a NOT-Prohibited to Perform Safety Sensitive Functions state and the rules regarding the follow up testing.
- Notifying the DER or driver if owner operator or independent, by email, that a follow up test must be taken and emailing an electronic CCF with instructions of where and when to test. The email with the electronic CCF will come from email@example.com. Be sure to add this email address to your safe/approved emails to ensure receipt.
- Reporting the results of the RTD test and all subsequent follow up test results to the FMCSA Clearinghouse until the final test per the SAP program has been completed at which time the violation is closed in the Clearinghouse.
- Labworks USA and it's staff are not responsible for any ramifications, violations or fines resulting from failures on the part of the employer/carrier or driver to give consent in the FMCSA Clearinghouse or act in a timely fashion on any other notification emails from Labworks USA or any of it's affiliates or vendors.
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 or written proof that the driver was part of a DOT compliant random drug/alcohol testing program within the last 30 days, 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
- 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 supplied with the enrollment confirmation email.
- Existing Employees: Maintain a
legible copy of a pre-employment test result available for review and/or
- Complete Verification of Prior
Violations process for each new employee including a full query in the
FMCSA Clearinghouse, Labworks USA available to manage at an additional cost per driver.
- Provide ongoing and timely
information of all changes to the safety sensitive employee roster to
- Distribute Random Selection
Notification to employees.
- Ensure selected employees
report for random testing by due date indicated. If, after the driver is notified that they need to take a random test and it is not taken as the "next thing they do" those driver's tests will be reported as "No Shows" which are reported to the DOT as a Positive test and will go on the driver's record and they will be prohibited from any safety sensitive positions such as driving a commercial motor vehicle.
- 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 receive test results.
- If an employee tests positive,
make the final determination on whether to terminate the employee. Ensure an employee does not resume safety
sensitive role prior to SAP approval.
- Ensure any employee that is part of a follow up program, as mandated by an SAP after a positive test, be notified and take any proscribed observed tests.
- 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
- Serve as the primary custodian
of the records as per the DOT regulations.
- Remain ultimately responsible
for compliance with any and all pertinent DOT regulations and for the outcome of any audit.
- Return to Duty process and Follow Up plan assistance,- User/Employer is responsible for:
- Acting on any emailed notifications in a timely fashion, including random follow up test notifications and scheduling request emails from firstname.lastname@example.org.
- failure to acknowledge and take a follow test immediately after notification (Regulation states "it must be the next thing you do") will result in a "Refusal" to test and will be entered in the FMCSA Clearinghouse as such which is the same as a "Positive" test result and will make the driver "Prohibited to Perform Safety Sensitive tasks" like drive a Commercial Motor Vehicle..
- All steps needed to get the driver into and through a SAP program up to the “Determined Eligible for RTD Testing” stage.
- Sending the SAP program to Labworks USA or providing the SAP contact details to Labworks USA so we may retrieve the SAP's follow up program.
EXPLANATION OF FEES
membership – Valid for 12 months
and must renew no later than 1 day before your anniversary date indicated on
your certificate of enrollment. There are no refunds on the annual membership/renewal as your enrollment letter serves as proof to the DOT of your compliance for a full year. Annual renewals will be invoiced 30 days prior to the renewal date and will be auto-charged at 31 days if the account is not closed on the company's dashboard or in writing by email.
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
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.
a driver that was previously
added to your account but was subsequently made In-Active. There will be no fee for
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. 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.
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 emailed to you and are due at the time
the results are confirmed by the MRO. Your
primary payment method, saved in your account, will be billed at this time. If
this method is expired or declined an invoice will be sent and due upon
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.
FMCSA Clearinghouse registration assistance - We will work directly with you one on one to get you registered in the FMCSA Clearinghouse.
Manage Your Clearinghouse Queries - When this option is selected we will conduct all of the required queries and reporting for all of your active drivers in the FMCSA Clearinghouse.
Supervisor Training - This is required for any company with 2 or more drivers.
Follow up Plan/Return To Duty management - A Labworks USA agent will work with you and the SAP to make sure all required tests and Clearinghouse reporting is dome per the SAP written program. The published price for this serv ice covers 30 minutes of time. If additional time is required it will be charged at an hourly rate quoted and paid prior to initiating any additional service.
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.
CHECK/AUTOMATIC PAYMENT CHARGES
Where permitted by
law, Employer agrees to pay a $45.00 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
This Service Agreement
is governed by the laws of the state of Oregon.
The following statement is included in 49 CFR Part 40:
"All agreements and arrangements, written or unwritten, between and among employers and service agents concerning the implementation of DOT drug and alcohol testing requirements are deemed, as a matter of law, to require compliance with all applicable provisions of Part 40 and DOT agency drug and alcohol testing regulations. Compliance with these provisions is a material term of all such agreements and arrangements."
It is a matter of law per the DOT that all notifications from the C/TPA concerning random testing, positive test results and refusals to test and the requirement to remove a driver from safety sensitive positions be followed.
Either party may
cancel this agreement upon 30 days written notice. All amounts due Labworks USA at time of cancellation will be due at time of cancellation. Any credits due to the member will be returned minus any fees and administration costs. Annual membership fee is non-refundable.
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 pool(s).
Collection and Use of Personal Information
- You can visit the websites of Labworks USA without revealing any personal information. However, Labworks USA needs certain personal information if you wish to purchase our products, register for an affiliate account, receive Labworks USA newsletter, or use certain Labworks USA services.
- Where required, this information may include your personal contact information and/or your company contact information. Labworks USA will use this information to reply to your inquiries, to provide you with requested products and services, to set up your member's account, and to contact you regarding new Labworks USA and other third-party partners' products and services.
Collection and Use of Non-Personal Information
- Labworks USA automatically receives and records non-personal information on our server logs from your browser including your IP address, cookie information and the page you requested. Labworks USA may use this information to customize the advertising and content you see and to fulfill your requests for certain products and services. However, Labworks USA does not connect this non-personal data to any personal information collected from you.
Information Sharing and Disclosure
- Labworks USA may disclose your personal information to third parties (clinics, laboratories and MRO’s) who work on behalf of Labworks USA to provide products and services requested by you. We will share personal information for these purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to personal information
- Labworks USA may otherwise disclose your personal information when:
- We have your express consent to share the information for a specified purpose;
- We need to respond to subpoenas, court orders or such other legal process;
- We need to protect the personal safety of the users of our websites or defend the rights or property of Labworks USA;
- If you do not consent to the collection, use or disclosure of your personal information as outlined in this policy, please do not provide any personal information to Labworks USA. If you have provided personal information to Labworks USA and no longer consent to its use or disclosure as outlined herein, please notify Labworks USA at email@example.com.
- Unfortunately, no data transmission over the Internet can be considered 100% secure. However, your Labworks USA Information protected for your privacy and security. In certain areas of our websites, as identified on the site, Labworks USA uses industrystandard SSL-encryption to protect data transmissions.
- We also safeguard your personal information from unauthorized access, through access control procedures, network firewalls and physical security measures.
- Further, Labworks USA retains your personal information only as long as necessary to fulfil the purposes identified above or as required by law.
- Labworks USA may at any time, without notice to you and in its sole discretion, amend this policy from time to time. Please review this policy periodically. Your continued use of Labworks USA websites after any such amendments signifies your acceptance thereof.
Questions or Suggestions