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.
• 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 participants.
• 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 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).
• 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 dontreply@escreen.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.

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 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 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 supplied with the enrollment confirmation email.
• 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, 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 Labworks USA.
• 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 another provider.
• 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 dontreply@escreen.com. 
• 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

·        Annual 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.

·        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.

·        Re-Activate a driver that was previously added to your account but was subsequently made In-Active. 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. 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.

·        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 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 receipt.

·        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.

      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.

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 $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 Automatic Payment.

GOVERNING LAW

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. 

CANCELLATION

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. 

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 pool(s).