This Agreement is the contract between DOT Compliance Group and the client under which the following terms and conditions apply:
Scope of Services:
DOT Compliance Group to provide for the collection of urine samples for the purpose of screening Client’s employees or an individual for the presence of illegal drugs in their system. All tests will follow the Department of Transportation (DOT) protocol and services.
Laboratory Analysis:
All samples, unless otherwise arranged, will be tested by a Substance Abuse and Mental Services Health Administration (SAMSHA) approved and regulated laboratory. Samples will be picked up daily by laboratory courier. Negative results will be available within 24 hours, and positive results will be returned following Medical Review Officer (MRO) review per DOT protocol, which will take an additional 2-5 days. The laboratory will store all positive samples for a period of one year.
Confirmation of a Positive Result:
The Client agrees that all positive results will be reviewed by the MRO, with follow-up contact made with the donor. The purpose of this follow-up interview is to determine the presence of legal medications. Confirmation will be made with the prescribing physician prior to clearing a positive result.
Reporting:
Negative results will be communicated to the Client by fax, email, or US mail. Positive results require review by MRO, which can take an additional 2-5 days. Positive results will be communicated by email to the Client approved representative as soon as confirmed, with written confirmation by fax, email, or US mail.
DOT Compliance Group Policy on Medical Marijuana:
We follow all federal DOT guidelines so the MRO can not accept medical marijuana as a valid reason for a positive test.
Prescription Medications
It is the DOT Compliance Group policy that should a donor test positive for a metabolite and has in their possession a valid prescription from a medical doctor, that the MRO can confirm with a pharmacy, issued within the last year of the test, this information will be reported as a negative. However, if the prescription is older than one year or not in the donor’s name, this information will be reported as a positive.
Donor Collection Protocol:
All collections, unless accepted by the conditions listed for observed collections below, will afford the donor full privacy and dignity. All collections will take place at designated approved Quest Diagnostics testing site locations only which can be located online by the Client accessing their personal login page. The collection protocol for standard urine collection follows all DOT guidelines.
Observed collections are permitted only under the following conditions: 1. Written protocol with the Client that includes written disclosure to the employee that is acknowledged by donor signature. 2. The Client representative will be contacted for concurrence prior to the collection. 3. The donor will not be permitted to leave the collection site until the collection is complete. If the donor chooses to leave before the collection is complete, it is considered a refusal to test and is reportable to the DOT. 4. An observer of the same sex will be used at all times. 5. Causes for observed collections are adulterated sample, out-of-range temperature, Client request in writing due to suspected adulterations of previous samples, or that the Client suspects an attempt will be made to adulterate the current sample. For DOT employees, any Return To Duty, or Follow-Up test will be under direct observation. See CFR part 40.67.
Removal From Program:
Non-completion of random selection testing by owner-operator or employees selected within a company during required time frame will receive written warning, yet any subsequent non-compliance can result in removal of the company from the program with no recourse for refund.
DOT Compliance Group Policy on Random Selections and Pool Updates:
DOT Compliance Group requires any updates that need to be made by the Client to their employee roster for the random pool must be submitted BEFORE the random selection takes place for that month/quarter.
Responsibilities of Client:
The client is to provide DOT Compliance Group with updates as to employee additions or deletions from the group, to comply with all applicable DOT or other laws related to drug testing, and to provide ongoing employee education as to the drug-testing program. The Client is to apply the drug testing policy in a non-discriminatory manner and to participate in ongoing supervisory training to assure compliance with applicable laws and standards.
Payment Terms:
After the initial program management fee paid, the Client will be notified by email of any future payments due on the first day of each month. The client agrees payment in full is received by DOT Compliance Group by the last day of the month billed. The client can choose to pay by credit/debit card information on file or mail payment to DOT Compliance Group, 100 Decker Ct #250, Irving, TX 75062. Compounding financing charge of 10% monthly will be assessed for payment not received by the last day of the month billed. Account delinquent if payment in full not received within 60 days of date billed. Account will be suspended if full payment not received within 90 days of the date billed and a $50 reinstatement fee applicable. Employees of the company will be removed from the random selection process if the account is suspended status. A $35 returned (NSF) charge will apply for any returned checks as well as a standard 10% financing charge if an alternate form of payment not received by end of the same month. An account 6+ months in suspension status will be referred for collection proceedings.
Term of Agreement:
The Agreement shall be for a term of one (1) year beginning on the date of enrollment and will automatically renew for an additional year upon each anniversary date unless otherwise canceled by the Client. Fees for service subject to change after the term of the agreement anniversary date.
Confidentiality:
Strict confidentiality will be adhered to at all times, for the protection of the donor and Client. The only disclosures that will be made will be to designated employer representatives, Medical Review Officer (MRO) or laboratory, through written permission of the donor or formal court order.
Indemnification:
By signing this Agreement, the Client acknowledges and agrees to the utilization of EBT breath collection services per the DOT protocol and agrees to hold harmless DOT Compliance Group from any and all claims, including but not limited to losses, damages, injuries to persons, or act of negligence, arising out of designed collection site’s use of said procedures on behalf of the Client.
Arbitration Clauses:
In the event a dispute arises between the parties as to the duties or compensation under this Agreement, such dispute shall be submitted for arbitration under the then-existing rules established by the American Arbitration Association.
Attorney’s Fees:
If any contested action is brought to enforce, modify, interpret or void the provisions of this Agreement, then the prevailing party shall be entitled to reasonable attorneys’ fees as well as appropriate relief.
Fees For Services:
The below-listed fees will be subject to change after the expiration of the annual program management fee.
- $199, Annual Program Management Fee
- $79, DOT Drug Test
- $79, DOT Alcohol Test
- $79 Observed DOT Drug Test (Return to Duty or Follow-up)
- $199, DOT Supervisor Reasonable Suspicion Training (not required for owner-operators)
Non-Network MRO Administration Fee:
Any MRO drug test results not resulted from DOT Compliance Group’s MRO Dr. Khella will result in a $25 administrative fee. To avoid this fee, please use the chain of custody forms issued to you from DOT Compliance Group.
Entire Agreement:
This Agreement constitutes the entire agreement between the Parties with respect to Services and supersedes any and all prior agreements and understandings, whether written or oral, between the Parties.
Amendment:
This Agreement may not be amended or modified in any respect except by an agreement in writing executed by both Parties.
Severability:
In the event that any of the provisions of this Agreement are deemed invalid or unenforceable, the remaining provisions shall be construed and enforced as if the invalid or unenforceable provisions were not contained herein.
Governing Law and Venue:
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Louisiana without reference to conflicts of law principles.
Waiver of Breach:
Non-action by any Party in response to a breach of any provision of this Agreement shall not operate or be construed as a waiver of any rights hereunder or acceptance of any subsequent breach of any provision of this Agreement. Any waiver must be in writing and signed by the applicable Party.
Change of Information:
Each Party agrees to notify the other, in writing, of any changes in address, hours of service, phone number, or other contact information.
DOT Compliance Group or Compliance Educators is not affiliated with or part of the Department of Transportation
The client understands and agrees to the terms and services outlined in this agreement.
