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. 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.
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 $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.
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).