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FMCSA Clearinghouse Terms and Conditions

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 11/21/19

You must be registered in the Clearinghouse and have selected InOut Labs as your C/TPA.
InOut Labs can only conduct queries if we are designated as your C/TPA. You are able to designate a C/TPA when you register or you can register without designating a C/TPA and add a C/TPA later. You can change whom you designate as a C/TPA at any time. We are not permitted to register for you.

If you are an Owner Operator you must select a C/TPA in the system before your registration is complete.
If you do not select InOut Labs as your C/TPA, we will not be able to perform Clearinghouse services for you. We will make a reasonable number of attempts by email or phone to encourage you to register and select InOut Labs as your C/TPA. If you do not register and select InOut Labs as your C/TPA, we cannot deliver Clearinghouse services for you. You accept all responsibility for non-compliance. Fees are non-refundable.

You must have enough queries in your account.
We recommend you purchase a minimum of (#Drivers + #Annual New Hires + a few extra). Queries cost $1.25 each and do not expire. The cost for queries is in addition to our services as described above. We are not permitted to purchase queries for you. Employers must purchase. We recommend Owner Operators purchase at least 5.

If you do not have enough queries in your account, we will notify you once by email and once by phone. If we do not receive a response we cannot complete the queries for you. If we cannot complete the queries, you accept all responsibility for non-compliance and any fees paid to InOut Labs for Clearinghouse services are non-refundable.

You must secure General Consent from each driver to be included in the Annual Limited Query.
This is a requirement. Our clients will be provided a standard form upon request. You must also obtain and provide to us the necessary personal information to accurately populate the Employer FMCSA Clearinghouse Annual Query Spreadsheet. This is provided to clients on request.

You certify that you have obtained all required consents from drivers.
We will provide you with a general consent form. We don’t need copies of completed forms (unless you are an owner operator), but you have to keep them in your records.

If you have hired InOut Labs for Clearinghouse support, we will assume you have obtained a signed General Consent from each employee and will mark the box indicated below when submitting your annual limited query(ies). You assume all responsibility.

Owner Operators must return a signed General Consent For Annual Limited Query before we run the Limited Query on your behalf. If you do not submit the consent, we cannot run the query and you risk non-compliance.

Driver Training
You agree to provide basic training to your CDL Drivers on their Clearinghouse obligations and obtain from each CDL Drivers an FMCSA Clearinghouse CDL Driver Acknowledgment of Training Materials. A Sample form will be provided to clients upon request.

Employee Clearinghouse Training and Confidentiality Agreement
You agree to provide basic training to your staff who will have Clearinghouse access on behalf of the Employer on your Clearinghouse obligations, and will obtain a written FMCSA Clearinghouse Access Confidentiality Access Agreement and Acknowledgement. A sample Confidentiality Form will be provided to clients upon request.

Reporting Violations
In order for InOut Labs to make reports to the Clearinghouse on your behalf, you agree to present to InOut Labs “evidence” in the form of an affidavit or declaration, using forms provided by InOut Labs for this purpose. If you are requesting that the we report to the Clearinghouse a Driver Refusal or Actual Knowledge, or Alcohol Violation, you agree to submit a scan or photo of the completed Alcohol Testing Form along with any other evidence of the violation such as video, photographs, statements in a format acceptable to InOut Labs. Reporting violations has serious implications for all involved, so documentation is critical. We will provide sample forms you may use for this purpose.

You also agree to provide the Driver with a copy of the violation information which you seek to report to the Clearinghouse for driver to sign, and give the Driver an opportunity to respond prior to reporting a violation to the Clearinghouse, if it all possible.

InOut Labs reserves the right to make the final determination based on information you present as to whether we will report such to the Clearinghouse; in the event we decline to make the report, we will provide timely notice of such to you along with the Employer’s obligation to make a timely Clearinghouse Report.

Email Communications: We will communicate with you primarily via email. 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.

Cooperation
InOut Labs will make reports to the Clearinghouse in a timely manner, conditioned upon your providing the necessary information to us, in a form acceptable to us, in a timely manner.

The parties agree to work in cooperation to fulfill their respective Clearinghouse obligations in a timely and professional manner, so as to reduce the risk of errors and to treat the Drivers in a respectful and dignified manner.

Both parties agree to mutually indemnify the other for their own acts of gross negligence. Specifically, the Employer agrees to fully indemnify and defend InOut Labs in the event the Employer makes a report to InOut Lab s, and InOut Labs in turn makes a report to the Clearinghouse on behalf of the Employer, relying on such Employer information, of a driver violation which is ultimately determined by the FMCSA to be false or inaccurate, or should have known to be false or inaccurate, where InOut Labs relied upon the Employer’s representation that it had adequate evidence to substantiate the claimed Driver violation.

You remain ultimately responsible.
InOut Labs will act as your Service Agent. That means we are acting on your behalf. But it’s still your responsibility, so you are trusting us. What this means is that you, the Employer, continue to remain ultimately responsible in accordance with the Final Rule for the reporting of Driver violations and other Clearinghouse employer designated reporting responsibilities, 49 CFR Part 382.705.

Renewals
Membership in an InOut Labs FMCSA random testing program is required. If you renew your random testing program/consortium membership, and keep InOut Labs as your designated C/TPA in the Clearinghouse, we will invoice you at the same time we renew your consortium membership. See General Terms and Conditions for Drug Testing for details.