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 Global Drug Testing has been designated as a service agent. It is critical that the
Employer understand this concept. The responsibilities for each party are
Global Drug Testing:
COMPANY (EMPLOYER OR OWNER OPERATOR)
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.
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
· 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.
a driver that was previously
added to your account but was subsequently removed. 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 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.
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
Unless otherwise noted
invoices are due upon receipt. Upon closure of an account any unpaid invoices
will become immediately due. Global Drug Testing reserves the right to use the credit
card or ACH information provided by the Company to pay the balance on any
amounts owed to Global Drug Testing 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 Global Drug Testing deems
it necessary to use a third party to collect a past due debt from the Company
Global Drug Testing 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 $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
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 Global Drug Testing, 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 Global Drug Testing of any of the
representations, warranties, or agreements made under this Service Agreement.
TERMS FOR EXPULSION
FROM THE CONSORTIUM
Global Drug Testing 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, Global Drug Testing reserves the
right to expel the Employer from all Global Drug Testing random selection pools.