The Consortium Service (C/TPA) will be operated within the confines of the responsibilities mentioned in 49 CFR Part 40
and 382 (FMCSA), 219 (FRA), 655 (FTA), 199 (PHMSA), 14 & 120 (FAA), 46 CFR Parts 4 & 16 (USCG). The C/TPA will not
provide services to employers unless the employer’s business has its own written policy concerning workplace drug and
Unless otherwise noted, the C/TPA will require members to prepay the annual membership and drug testing fees before any consortium services or drug test orders are rendered.
Annual membership fees will automatically renew unless written notice is given to cancel. It is the responsibility of the company to notify the C/TPA within 30 days if they no longer require services, after which no refunds will be issued.
Only scientific means as random number generating software or database will be used for random selection of employees. The C/TPA will never combine DOT and NON DOT testing pools.
All information will be treated in a confidential manner by the C/TPA and employer / DER. The C/TPA requires the DER of the Company to set up means for the C/TPA to be able to deliver test results to the DER in a confidential manner; and, that the DER will be the person at the company to receive the results or an alternate will be specified in their absence.
The C/TPA will not convey any personal medical information to the Medical Review Officer (MRO). If the employer chooses to use a collection site other than a contracted in network collection site, it is up to the company to ensure the collection site and lab follow DOT guidelines as set forth in 49 CFR Part 40, and pay any associated collection, lab and MRO fees.
C/TPA drug test fees do not include the use of out of network sites or additional collection fees associated with observed, after hours, or on location testing. If Company elects to use paper CCF instead of online ordering, they may be responsible for additional collection fees if the collection site does not participate in the C/TPA program.
It is the responsibility of the Company to ensure employees in safety sensitive positions have a negative DOT pre employment drug test on file prior to engaging in safety sensitive duties. Company may elect to send such records to C/TPA for record management. If Company elects not to send such records to C/TPA, they must maintain evidence of such records in the event of an audit. Company is required to have copies of Pre-Employment DOT drug tests on file for every employee in a safety sensitive role, prior to that employee engaging in safety sensitive work.
C/TPA will select eligible members at least quarterly and notify Company DER via email. DER must ensure employee / member is notified and tested according to 49 CFR regulations. If Company has not maintained an accurate member pool and a member is selected who no longer works for the Company, the DER must immediately update their member list with C/TPA and notify C/TPA of the selected alternate who will be tested in their place.
Any Company member who is not tested within the required timeframe will be removed from the random pool and placed in a non-compliant pool. They must not perform any safety sensitive duties while in this pool. They must test out of this pool before they can return to active duty. Company is required to complete random selection testing during selection period.
Any Company member who tests positive for controlled substances and/or alcohol must immediately be removed from safety sensitive duties and be referred to a substance abuse professional (SAP). This member will be placed in the noncompliant pool until they have been authorized to return to duty by the SAP and provide a negative RTD drug test.
C/TPA will notify Company DER of random testing selections. It is the responsibility of the DER to maintain the confidentiality of these selections and only notify individuals when they see fit. DER should order testing prior to notifying selected members so there is no delay in obtaining testing after member is notified. The only exception is when the DER themselves have been selected for testing, they must order and obtain testing without delay.
It is the responsibility of the Company to ensure they are receiving all email notifications from the C/TPA.
If membership dues are not automatically paid at the time of renewal, the Company will be notified and given 4 calendar days to update their credit card on file and become current. If payment has not been made within this time, the Company and all of its members will be immediately removed from the consortium. No rights are granted for past due accounts. Once a Company has been removed, they must re-register as a new member in the consortium.
It is the responsibility of the Company DER to ensure selected members are tested within the appropriate timeframe, and their member pool is maintained accurately. If this means that an insufficient amount of members in the Company are tested, it is the sole responsibility of the Company to ensure they are compliant with their DOT Authorities random testing requirements, regardless of enrollment in C/TPA program. Company must update C/TPA with any changes to their employee testing pool prior to the start of every testing quarter.
Company must maintain copies of all test results performed on their employees as required by 49 CFR.
Electronic test orders may take up to 24 hours to process when ordered on weekdays and 48 hours to process when ordered on weekends or holidays. If post-accident drug and/or alcohol testing is necessary following any accident, it is the Companies responsibility to ensure the member is tested within the allowable timeframe for their DOT Authority.
Drug test orders that have expired are non-refundable beyond 30 days. Expired tests may be altered and changed for use by other Company members / employees provided the testing occurs within the 30 day time limit. Beyond 30 days, the test order will be removed from the account without refund. Refunds for unused tests will be issued when requested in writing provided the test has not been used and the 30 day expiration date has not been reached.
Members of FMCSA regulated Companies must query the Clearinghouse and receive results prior to employment. C/TPA can query the Clearinghouse on behalf of the Company provided the Company has ordered drug testing directly through the C/TPA. It is the responsibility of the Company to ensure they are enrolled in the Clearinghouse and have sufficient funds for each query.
C/TPA will also query the Clearinghouse annually for FMCSA Companies who qualify with the C/TPA and whose members have given consent to the C/TPA to query the Clearinghouse on their behalf. It is the responsibility of the Company to ensure their employee / member list is up to date prior to each query. The C/TPA is not responsible to any fees associated with querying the Clearinghouse.
Company's failure to comply with regulations will result in immediate termination from the C/TPA Program