General Terms and Conditions For Drug Testing

InOut Labs may update this Agreement from time to time without notice to you. You can review the most current version of the Agreement at any time on the InOut Labs web site. Your continued usage of InOut Labs services will mean you accept those changes.

Last updated 6/24/2021

FMCA Clearinghouse Support: If Client selects InOut Labs as its C/TPA in the Clearinghouse, InOut Labs accepts this selection as Client’s authorization to have InOut Labs act as its Service Agent to perform queries and report violations and other matters to the Clearinghouse. Clearinghouse support Fees, Terms and Conditions here.

Term of Agreement: The agreement is based on a calendar year. Random program dues are prorated in year one, and automatically renew on January 1 of each subsequent year.

Termination: Either party may terminate this agreement with thirty (30) days written notice. The agreement will renew annually unless modified or terminated by either party.

Client’s failure to pay InOut Labs for overdue invoices will result in account closure. If Client is a member of a random testing pool or consortium, Client’s employees will be removed from the pool or consortium and Client will forfeit any remaining time of membership. This may result in Client’s non-compliance with DOT regulations.

If a credit or debit card is declined and Client does not provide an updated card within 10 days of being notified, Client’s account will be terminated and, if Client is a member of an InOut Labs random pool or consortium, Client’s employees will be removed from the pool. This may result in Client’s non-compliance with DOT regulations.

DOT-Regulated Employers
Client’s failure to comply with the regulations as set forth by 49 CFR Part 40, or any DOT agency-specific regulations, such as not completing all random testing within the selection period may result in termination from the random pool or consortium managed by InOut Labs. Client will forfeit any remaining time of membership. Membership dues are non-refundable.

If Client has DOT-regulated employees, removal from a random testing pool or consortium may result in non-compliance and fines from the DOT if audited.

Reinstatement
If a terminated Client wishes to be reinstated within 30 days of termination, Client will be charged a $100 reinstatement fee. Client understands that there may be a lapse in random pool or consortium membership that may have implications during a DOT audit. Reinstatement after 30 days requires a new membership at current rates.

Company Substance Abuse Policy: Client must have a policy for controlled substance abuse & alcohol misuse implemented before initiating a testing program. The ultimate responsibility is on the employer to know the federal, state, county or city law requirements regarding employee testing. If reasonable suspicion testing will be a requirement, the company should have supervisors trained in physical, behavioral, speech and performance indicators of probable alcohol misuse and use of a controlled substance. It is strongly recommended that you seek legal counsel or labor relations advice when drafting a substance abuse policy and implementing a testing program.

Testing Procedures: All drug and alcohol testing performed by InOut Labs shall be in accordance with Federal and State laws for non-regulated testing and within SAMHSA guidelines and 49 CFR Part 40 for DOT regulated testing.

Drug Testing after Enrolling in the InOut Labs Consortium: It is critical that InOut Labs receives results for all of Client’s drug tests so that MIS reports are accurate.
Random test results from other providers must be provided to InOut Labs and will be charged as if Client performed them with InOut Labs even if Client paid someone else for the test.

Random List Updates: Client will receive an emailed request for employee list updates at the end of each selection period. Client is responsible for providing a current employee list before random selections are run. Failure to supply updates before random selections are run may result in non-compliance with DOT regulations and penalties if audited by the DOT.

Client is responsible for notifying InOut Labs if an employee is no longer available for random testing and the reason. Upon this notification, InOut Labs will select an alternate.

Random Selection Notifications: InOut Labs performs computerized random selections. Unless Client has made other arrangements with InOut Labs, selections are made in the first two weeks of each quarter. Client is required to complete all random testing within the selection period.

Test Results: Client authorizes InOut Labs to act as an intermediary in the transmission of drug and alcohol testing information from Medical Review Officer (MRO) or Breath Alcohol Technician (BAT) to the Client, with the exception of positive alcohol results which will come directly from the BAT.

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 Representative(s) (DER), Medical Review Officer (MRO) or laboratory, through written permission of the donor or formal court order, unless required by law or legal action.

Indemnification: The Client shall hold harmless InOut Labs and any certified laboratory, medical review officer (MRO) or collection site providing services to the Client pursuant to this Agreement, from any claim, loss, liability, damage, detriment or obligation arising from any matter other than their willful misconduct or gross negligence.

Attorney 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.

Client is responsible for the following: Updating employee lists for random testing (if part of this agreement), notifying employees of random testing, signing documents, selection and identification of the Designated Employer Representative (DER) with whom InOut Labs will work (and a backup in the event the DER is unavailable), and communicating with InOut Labs. InOut Labs and its agents need to be able to contact the DER 24/7/365. Note: The DER is the only authorized individual at the company to receive both positive and negative drug test results, enroll new employees in the random pool, and sign paperwork provided by InOut Labs.

DOT-regulated Clients are also responsible for the following:

  • Ensure that Client has a negative DOT-compliant pre-employment drug test result in Client’s company name before employee performs safety-sensitive work.
  • Complete all random testing within the selection period.
  • Ensure that regulated employees pass a new pre-employment drug test if the employee has not been enrolled in a random testing program within the previous 30 Days.
  • Verify prior drug and alcohol violations for each new employee. FMCSA requires three years.
  • Ensure randomly selected employees report for random testing immediately upon being notified.
  • Determine whether post-accident drug and alcohol testing is required following a qualifying accident.
  • Determine whether or not to conduct a reasonable suspicion test.
  • Provide InOut Labs with secure and confidential email address(es) or fax number(s) to receive test results, random notifications, invoices and other confidential communications.
  • Provide all employees who violate DOT drug and alcohol testing regulations with a SAP referral.
  • Ensure regulated employees do not resume safety-sensitive work prior to SAP approval and a negative Return-to-Duty drug and /or alcohol test result.
  • Provide Reasonable Suspicion Training for all supervisors.
  • DOT Compliance: Client is aware that even though Client has contracted with InOut Labs as a Service Agent to perform certain services, Client is ultimately responsible for compliance with DOT regulations (49 CFR Part 40). Client is responsible for the outcome of any DOT audit and/or inspection. It is critical that the Client understand this concept.

If Client is a member of a DOT Consortium managed by InOut Labs, Client’s non-compliance affects the compliance of all members of the consortium. If Client does not fulfill its responsibilities, Client may be expelled from the program.

Email Communications: We will communicate with you primarily via email, including transmission of test results. As emails can be intercepted, disclosed, used, or otherwise communicated by an unintended third party, or may not be delivered to each of the parties to whom they are directed, we cannot ensure that emails from us will be properly delivered and read only by the addressee. Therefore, we disclaim and waive any liability associated with email communications.

Client is expected to check for email messages regularly. We cannot be responsible if you miss an important notification because you fail to check your email.

Policy on Marijuana: InOut Labs and its service agents follow all DOT guidelines even on Non-DOT specimens. Additionally, we do not accept medical marijuana as a valid reason for a positive test. Client may choose to override the InOut Labs marijuana policy by stating in their company policies that a positive for this test is acceptable, or remove marijuana from the test panel.

Payment: Client is required to keep a credit or debit card on file with InOut Labs. Credit or debit card information is stored in an encrypted, PCI-compliant manner. Client agrees to provide updated card information immediately if a card expires or is no longer valid. Failure to pay may result in account termination.

InOut Labs invoices twice a month for services rendered since the last invoice. InOut Labs will charge your card for all services rendered in the current period and you will receive a paid receipt.

If Client’s card is declined and Client does not provide updated payment information within 30 days, Client’s account will be suspended.

Membership Renewals: Annual membership in an InOut Labs DOT random testing program renews on the 1st of January every year until canceled in writing. Client will be invoiced on or around November 30 of the prior year, and if Client payment is not received by InOut Labs by January 1, Client will be removed from the Consortium.

If Client has authorized automatic renewal, InOut Labs will charge Client’s credit or debit card on file for membership renewal 14 days before membership expires.

This section does not apply to Clients without random testing programs.

Fees: Unless other terms have been agreed to, the following fees apply.

Non-DOT Drug and Alcohol Testing without random testing

  • Test fees as per contract and any amendments.
  • No set up fees or annual dues.

FMCSA Owner Operator Program

  • Annual dues include all random drug and alcohol tests and Clearinghouse support.
  • Non-random tests, after hours fees, on-site/mobile fees, direct observation fees as per contract and any amendments.
  • Note: “All inclusive” fees are based on federal random testing rates of 50% for drug and 10% for alcohol. If those rates increase, InOut Labs reserves the right to increase the fee per driver.
  • If you add another driver, all testing, including random tests, for that driver will be charged at non-random drug test rates.
  • If any drug test results are “negative dilute,” we may require you to re-test. That re-test will be charged as a non-random drug test.

Standard DOT or non-DOT Random Testing Program

  • One Time Set Up Fee: $149
  • Annual Company Dues: $129 per year, pro-rated in year one.
  • Drug Tests (random and non-random): As per contract
  • Breath Alcohol Tests (random and non-random): As per contract

All programs

  • Split specimen drug tests: $159
  • D&L Isomer Testing $99
  • Post Accident, After Hours and Direct Observation tests may have additional charges.
  • A collection site or MRO-determined Refusal to Test is a test result, and there are no refunds.
  • Second collections for shy bladder, adulterated, substituted or temperature out of range will be invoiced as non-Random tests.
  • Out-of-Network Collections: $20. Concentra $30.

In-Network vs. Out-of-Network Collections
In-Network drug tests include all collection fees. Examples of In-Network sites are Quest Diagnostics and Labcorp Patient Service Centers, Quest Diagnostics Preferred Partner Network (PPN) sites, and Alere E-Screen collection sites. In-Network sites can generally handle both paper and electronic CCFs.

Out-of- Network sites are used when In-Network sites are inconvenient, unavailable, or a breath alcohol test or direct observation is needed. Paper Custody and Control Forms (CCFs) provided by InOut Labs are required for all out-of-network collections. Examples of out-of-network test sites are Concentra, hospitals, private doctors, many urgent cares facilities, most after hours sites and emergency rooms. Out-of-Network collections have additional costs.

On Site, Short Notice Collections: InOut Labs contracts with a number of on-site collectors who handle our emergency post-accident, reasonable suspicion and other after hours collections. If you call our office after hours at 847-657-7900, you will be connected to the dispatch center. This service is available 24/7/365.

The following fees are in addition to any test fees in the contract.

$150/hour, with a 2-hour minimum, including travel time.

On Site Scheduled Collections: Fees are per individual agreement. Contact our office for a quote.

Contesting Positive Drug Test Results: Regulated employees have the right under DOT to contest positive drug test results by having the split specimen tested at a different lab. Split sample test fees are describe above.

Records: InOut Labs will maintain on behalf of the Client certain documentation, including, but not limited to positive test results, negative test results, refusal to test results, custody and control forms (CCFs), Alcohol Testing Forms (ATFs), random pool records, random lists and notices. InOut Labs provides this service as a convenience to Client and is not the primary repository for Client’s documents. In the event that InOut Labs maintains paperwork on behalf of the client, InOut Labs will provide copies of any requested documentation to client within two (2) business days of request made by the DOT, federal agency, or client.

Audits: InOut Labs will gladly help in the case of a DOT audit.

Expert Witness, Litigation Packages and MRO consultations available. Fees provided upon request.

Special Terms and Conditions for Owner Operators

1) Owner Operator accepts full responsibility for participating in this Consortium in a manner which is compliant with the Code of Federal Regulations, Title 49 – Part 40 and applicable DOT agency regulations.

2) If Owner Operator is selected for a random drug and/or alcohol test, Owner Operator must, upon notification, proceed immediately to the testing facility for testing. Owner Operator understands that not proceeding for testing when notified is a Refusal to Test.

3) Owner Operator understands that the annual dues for the InOut Labs Owner Operator DOT random testing program renews on the 1st of January every year at current published rate until Owner Operator cancels it in writing. Owner Operator will be invoiced in October of the prior year, and if not renewed by January 1, Owner Operator will be removed from the Consortium.

4)Owner Operator understands that if he/she violates any of the DOT or FMCSA drug and alcohol regulations, including failing or refusing a required drug or alcohol test that Owner Operator is subject to the consequences described in 49 CFR Parts 40 and 382 and that InOut Labs or its MRO will report the violation the FMCSA Clearinghouse.

5)Owner Operator understands that if s/he violates any of the FMCSA drug and alcohol regulations, including failing or refusing a required drug or alcohol test, that InOut Labs, as Owner Operator’s C/TPA, assumes the role of DER, and Owner Operator will follow instructions from InOut Labs. Owner Operator also understands that InOut Labs may provide a Follow Up Testing Agreement with terms and fees which are in addition to this Service Agreement.

6) Owner Operator understands that if s/he does not report for testing when requested by InOut Labs that Owner Operator may be removed from the InOut Labs Consortium and will forfeit any fees paid.

7) Owner Operator understands that if s/he does not acknowledge or respond to email or telephone notification of random testing selection immediately that InOut Labs will notify Owner Operator by FedEx or Certified Mail and that Owner Operator will be charged $39.

7) Owner Operator understands that the InOut Labs Owner Operator consortium program includes pre-paid random drug and alcohol tests for which Owner Operator is randomly selected. Any other tests Owner Operator takes will be charged to separately.

8) If Owner Operator orders testing for other individuals, those tests will be charged separately and are not included as pre-paid results.

9) Owner Operator understands that InOut Labs will conduct a Full Query in the Clearinghouse when the Owner Operator joins the Consortium. If the result of that Query indicates that the Owner Operator is not eligible to perform safety sensitive work, InOut Labs may, at its option, offer to manage Owner Operator’s follow up program for an additional fee. If the Owner Operator declines, InOut Labs may remove Owner Operator from its program and Owner Operator will forfeit all fees paid.

10) Owner Operator accepts InOut Labs Clearinghouse Services Terms and Conditions.