Terms & Conditions

Company/Member Agrees to Express Labs USA, Inc.'s Consortium Terms & Conditions Upon Enrolling.

Return-to-Duty/Follow-Up Process

• Express Labs does not manage the Return-to-Duty/Follow-Up Process for Owner Operators


• Owner Operators who have a Violation in the FMCSA Clearinghouse such as Testing Positive, Refusal-to-Test, DWI or any other Violation can not Enroll in Express Labs Consortium


• Owner Operators who Test Positive for Drugs or Alcohol or Refuse-to-Test will be Terminated from Express Labs Consortium

Random Selections & Testing Fees

• Members must complete all Random Selections and keep a current credit card on file for Testing Charges to remain active in the Consortium

How are Random Notifications sent?

• Random Notifications are Emailed & Posted to your Express Labs Account during the Months of January, April, July & October.  If you did not receive an Email Notification Login to your Express Labs Account and Check "Random Selections" on the Left Side Tabs on February 1st, May 1st, August 1st & November 1st

Drug Testing

Members are Required to Order Drug Tests Online in your Express Labs Account or Use the Quest Diagnostics Paper Forms Express Labs Provides.  Drug Test Results are Emailed Directly from Express Labs Medical Review Officer (MRO) to the Email Listed in your Express Labs Account from email@drsmro.com & Posted to your Express Labs Account.

• After Enrolling, Express Labs does not accept Drug Test Results from other Companies

Drug Test Results

• Drug Test Results are emailed directly from the Medical Review Officer (MRO) to the DER's Email (Designated Employer Representation - The Main Contact) that is listed in your Account and Results are Posted to your Express Labs Account

Drug Testing Fees

• Express Labs charges $80 for Laboratory Drug Test Results, Collection Fees & MRO Services at In-Network Collection Sites.


• Drug Testing fees are not included in the membership fee

Out-of-Network Collection Sites

• Express Labs charges $80 for Laboratory Drug Test Results & MRO Services at Out-of-Network Collection Sites


• Collection Fees are Not Included at Out-of-Network Collection Sites


• Members must use the Quest Diagnostics Paper Forms that Express Labs provides at Out-of-Network Collection Sites


• Out-of-Network Sites include: Concentra, Hospitals, Private Doctors, Most Urgent Cares & After-Hours Sites

Drug & Alcohol Testing Invoices

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  Invoices are due upon receipt on the 1^st of the month, for the previous month's results.  Members are required to keep a current credit card on file and authorize Express Labs to charge member's credit card for drug & alcohol testing fees.  Accounts that are not paid within 5 days are suspended.   Accounts that are not paid within 10 days are terminated.  Accounts that are not paid within 15 days are referred to our collection agency and cannot be reactivated because we cannot extend credit.  If payment is made within 15 days, your Express Labs membership will be reactivated immediately, but to order drug tests, your Lab account will need to be reactivated by Quest Diagnostics, which may take up to 5 business days to reactivate.

  
  

DOT Breath Alcohol Testing Fees

• Express Labs charges $80 for DOT Alcohol Test Results


• Breath Alcohol Testing Fees are not included in the Membership Fee

Return-to-Duty & Follow-Up Drug Testing Fees

• Express Labs charges $125 for Return-to-Duty & Follow-Up Drug Testing which Includes the Laboratory Testing, Medical Review Officer Services (MRO) and Collection Fees at In-Network Collection Sites.


• Observed Collections cost an additional $45 at Preferred Sites and $400 at Quest Diagnostics Sites

Observed Collections

• Members are Charged an Additional $45.00 for an Observed Collections at Quest Diagnostics Preferred Sites or an Additional $400.00 at Quest Diagnostics PSC Sites.

Contesting Positive Drug Test Results

• Company/Member Agrees & Authorizes Express Labs USA, Inc. to charge Company/Member Credit Card $200.00 to send Sample B to another Laboratory for Testing plus $80.00 for both Results that are Reported by the Medical Review Officer.  Drivers have the Right under DOT/FMCSA to Contest Positive/Refusal Drug Test Results and it is the Responsibility of the Company/Member to pay to send Sample B to another Laboratory for Testing.  This is also for Pre-Employment Drug Testing.

Owner Operators who Test Positive

• Express Labs does not Manage the Return-to-Duty Process for Owner Operators.  Owner Operators who Test Positive for Drugs or Alcohol or Refuse-to-Test will be Terminated from Express Labs Consortium

Adding Drivers to the Random Pool

After Enrolling, Express Labs does not accept Drug Test Results from other Companies

• Upon Enrollment - DOT Allows Employers to Add Drivers to the Random Pool upon Enrollment only if the Employer has Negative DOT Pre-Employment Drug Test Results and the Drivers have been in a Random Pool within the Previous 30 Days of Enrollment.  Pre-Employment Results must have your Company Name Listed on the Results.


• After Enrollment - Drivers are Automatically Added to the Random Pool and Allowed on the Road when Negative Pre-Employment DOT Drug Test Results are Reported by Express Labs Medical Review Officer (MRO)


• Reactivating Drivers: DOT requires a new Pre-Employment drug test for Drivers that have not been in a random pool within the previous 30 days or if your Company was not Enrolled in a Random Pool for 30 days 


• Active Drivers List: Express Labs sends a current Active Drivers List on the 1st of every month to review your drivers with instructions to Add & Deactivate Drivers


• DOT Requires a New Pre-Employment Drug Test for Drivers that have not been in a Random Pool within the Previous 30 Days


• DOT Requires Employers & Drivers to be Registered in the FMCSA Clearinghouse to Add Drivers to the Random Pool


• DOT Requires the Drug & Alcohol Policy to be given to the Driver, the Release of Information to be sent to the Previous Employers (# Years) and a Full Query to be Conducted in the FMCSA Clearinghouse before the Driver is sent for Pre-Employment Drug Testing.

Deactivating Drivers

• Employers - DOT Requires Employers to Deactivate Drivers Immediately from the Random Pool who are Terminated, Not Hired or Unable to be Randomly Tested with enough Time to receive Completed Results in your Account by the end of the Quarter


• Owner Operators - DOT Requires Owner Operators to Deactivate themselves from the Random Pool before being Selected if they are not available to be Random Tested because of Vacation, Illness or Out of the Country


• Active Drivers List - Express Labs sends a Current Copy of your Active Drivers List on the 1st of every Month to Review your Drivers with Instructions to Deactivate Drivers from the Random Pool

How Often are Random Selections & When are Drivers Eligible to be Selected

• Random Selections are during the Months of January, April, July & October


• Drivers may be Selected 0-4 Times Yearly - DOT Requires All Active Drivers to be Eligible to be Selected Every Quarter


• DOT Requires Drivers to be Added Immediately to the Random Pool and Eligible to be Selected when Negative Pre-Employment Drug Test Results are Reported (and Added during Enrollment) up to the Date & Time of the Random Selection

What if Driver is Unavailable to be Random Tested?

• Owner Operators - DOT Requires Owner Operators to Deactivate themselves from the Random Pool Before Being Selected if they are not available to be Random Tested because of Vacation, Illness, Out of the Country or Suspended Operation.  DOT Requires a New Pre-Employment Drug Test after 30 Days.


• Employers - DOT Requires Employers to Deactivate Drivers Immediately from the Random Pool who are Terminated, Not Hired or Unable to be Randomly Tested with enough Time to receive Completed Results in your Account by the end of the Quarter.


• Seasonal Companies - DOT Requires Seasonal Companies to Deactivate Drivers when they are no longer Driving.   DOT Requires a New Pre-Employment Drug Tests when Drivers Return after 30 Days.

What is a Refusal-to-Test?

Drivers that do not Get Tested Immediately after being Notified is a Refusal-to-Test, which is the same as a Positive Result.

• Owner Operators - DOT Requires Express Labs to Report Owner Operators who do not Get Tested Immediately after being Notified to the FMCSA Clearinghouse as a Refusal-to-Test, which is the same as a Positive Result


• Employers - DOT Requires the DER (Designated Employer Representative) to Determine if there is a Refusal and to Report the Violation to the FMCSA Clearinghouse as a Refusal-to-Test, which is the same as a Positive Result

DOT's Definition of "Get Tested Immediately"

• Get Tested Immediately means that after a Driver is Notified, All the Driver's Actions must lead to an Immediate Collection

Employers - Notify your drivers as soon as possible, after you order the drug or alcohol test in your Express Labs account, receive the QPassport in your email, and have called the site to confirm they are open.  When the driver is notified, all the driver's actions must lead to an immediate collection.  DOT requires all random selections to be completed during the selection period

Owner Operators - DOT requires owner operators to get tested immediately without any prior notice when notified by email or when you have checked your Express Labs account.  Once you are notified, you are not allowed on the road, except to go to the collection site, to get tested.  Owner operators must have a plan in place to get tested immediately when notified.  Only drive to the site after calling the site to confirm they are open

FMCSA Clearinghouse

Express Labs does not Register Companies in the FMCSA Clearinghouse

• As of January 6, 2020, Employers & Owner Operators are Required to Register in the FMCSA Clearinghouse.  Drivers are only Required to Register in the Clearinghouse for the Pre-Employment Process or if Records are Found when Conducting a Limited Query.  The FMCSA Clearinghouse is a Secure Online Database that will give Employers, FMCSA, State Driver Licensing Agencies and State Law Enforcement Real-Time Information about CDL Driver Drug & Alcohol Violations.  The Clearinghouse stores Driver's Positive Drug & Alcohol Results and Driver's Return-to-Duty Process.  Employers are required to Check (Query) the Database before Hiring a New Driver as well as Query the Database each Year the Driver is Employed.

FMCSA Clearinghouse Queries

Express Labs does not Conduct Limited or Full Queries for Employers or Owner Operators

Purchasing Queries

• FMCSA only Allows Employers & Owner Operators to Purchase Queries in the Clearinghouse

Limited Query Instructions

• Limited Queries are Required for All Drivers within 1 Year from January 6, 2020 or within 1 Year of a Drivers Hire Date.  If Records are Found when Conducting a Limited Query then a Full Query is Required.  Employers must receive Written Consent from Drivers to Conduct Limited Queries - Sample Consent Form for Limited Queries

Full Query Instructions

• Employers must Conduct Full Queries when Adding Drivers for the Pre-Employment Process or if Records are Found when Conducting a Limited Query.  Drivers must give Electronic Consent in the Clearinghouse for a Full Query.

Reporting Violations to the FMCSA Clearinghouse

• Starting January 6, 2020 Positive Results & Refusal-To-Test must be Reported to the FMCSA Clearinghouse

Express Labs MRO - Report the Following Violations to the FMCSA Clearinghouse

• Positive, Adultered or Substituted Drug Test Results & Refusal-to-Tests as Specified in 49 CFR 40.191​

Employers - Must Report the Following Violations to the FMCSA Clearinghouse - Click Here

• Positive Alcohol Results of .04 or Higher


• Refusal-to-Test (Alcohol) as Specified in 49 CFR 40.261


• Refusal-to-Test (Drug) not Requiring a Determination by the MRO as Specified in 49 CFR 40.191


• Actual Knowledge that a Driver has used Alcohol On-Duty, within 4 Hours of coming On-Duty, used Alcohol Prior to Post-Accident Testing or has used a Controlled Substance (Drugs)


• Employers must Report Negative Return-to-Duty (RTD) Test Results to the FMCSA Clearinghouse


• Employers must Report the Date the Follow-Up Testing Plan has been Successfully Completed to the FMCSA Clearinghouse

SAP's (Substance Abuse Professionals) - Report the Following to the FMCSA Clearinghouse

• Identification of the Driver and Date the Initial Assessment was Initiated


• Successful Completion of Treatment and/or Education and the Determination of Eligibility for Return-to-Duty Testing

Supervisor Training - Online Course

DOT Requires All Supervisors to take the Course to Add Drivers to the Random Pool

• DOT Requires All Supervisors to take the Course who must Determine if a Driver should be sent for "Reasonable Suspicion" Drug and/or Alcohol Testing.  DOT Requires the Course to be taken 1 Time.


• DOT Requires Supervisors to Receive 1 hour of Training for Alcohol & Drug Misuse (Owner Operators are Exempt - The Owner must be the only Driver)


• Training will be used by the Supervisor to determine whether Reasonable Suspicion exists to Require a Driver to undergo Testing under 382.307


• Training includes Physical, Behavioral, Speech and Performance indicators of probable Alcohol Misuse and use of Controlled Substances


• Express Labs charges $100 for the Online Supervisor Training Course can be Ordered in your Express Labs Account on the Left Side Tabs


• The Supervisor Training Course can not be Refunded after Logging into the Course

Adding Users to your Express Labs Account

The DER (Designated Employer Representative - The Main Contact from your Company) can only Order and receive Results.  All other Users receive all emails from Express Labs.  These emails include the following:

1. Active Driver List: Express Labs emails a current Active Drivers List on the 1st of every month to review your drivers with instructions to deactivate drivers


2. Random Selections: Random Notifications are Emailed & Posted to Member Accounts.  Email notifications are sent from info@expresslabs.com


3. Invoices: Invoices are emailed and are due upon receipt on the 1^st of the month, for the previous month's results

• Accounting Access: If you designate someone with Accounting Access, they can not Order Drug & Alcohol Tests or receive Drug & Alcohol Results but will receive Active Drivers Lists, Random Notifications and Invoices

Audit Assistance

• Express Labs Requires 1 Business Day to Process Audit Requests for Company/Member.

Retention of DOT Urine Drug & DOT Breath Alcohol Results

• DOT Requires Express Labs to Retain Negative DOT Urine Drug & DOT Alcohol Results for 1 Year and Positive Drug & Alcohol Results for 5 Years.

Express Labs USA, Inc. (Consortium/TPA) Provides the Following:

• Express Labs USA, Inc. provides Consortium Services for Federal Motor Carrier (FMCSA), Certificate documenting the Company’s participation in a DOT 49 CFR Parts 40 & 382 Compliant Program.  Computerized Random Selection process fully Compliant with DOT/FMCSA Regulations.  All Results are Posted on Express Labs MIS Report that All Members receive for DOT Audits & Inspections.  Express Labs does not provide Customized MIS Reports for Additional Agencies other FMCSA.  This includes but is not Limited to NCMS.  Ordering Drug Tests Online in your Express Labs Account or using the Quest Diagnostics Forms that Express Labs provides, Ensures that all Drug Testing is completed by a DOT Compliant (SAMHSA) Laboratory, DOT Certified Medical Review Officer (MRO) Review for every DOT Drug Test Result.  Express Labs MRO Reports all DOT Test Results to the Secure Company Email provided by the Company/Member.  In the event of a Positive Test Result Express Labs provides access to a Network of DOT/FMCSA Compliant Substance Abuse Professionals (SAP's) & Express Labs USA, Inc. (Consortium/TPA), Provides Verification of Compliance, Driver Names, Results and any other available Information Requested by DOT/FMCSA Inspectors for Audits or Inspections as Requested.

Company/Member Agrees to the Following:

• All Drivers Added by Company/Member During Enrollment have a DOT/FMCSA Compliant Negative Pre-Employment Drug Test Result and have been in a Random Pool within the Previous 30 Days.  Company/Member agrees to Provide DOT Number and Drivers CDL License Number & State of Issue for All Drivers that are Active in the Random Pool.  Company/Member will Distribute Random Selection Notifications to Drivers within the Selection Period.  Company/Member will ensure Selected Drivers Report for Random Testing Immediately upon being Notified.  Company/Member's Random Selections will be Completed Before the Selection Period Ends to Stay in Compliance with DOT/FMCSA and Remain Active in the Consortium.  Company/Member will Deactivate Drivers in Company/Member's Express Labs Account who are Terminated, Not Hired or Unavailable to be Random Tested to be Deactivated Immediately.  Company/Member will Maintain Legible Paper Copies of all Drug & Alcohol Test Results to be made available for Review and/or Audit including Pre-employment, Random, Post-Accident, Reasonable Suspicion, Follow-Up and Return-to-Duty Test Results.  Company/Member will Complete Verification of prior Drug and Alcohol Violations process for each new Driver.  Company/Member will Determine if a Post-Accident Drug and Alcohol Testing is Required following an Accident.  Company/Member will determine whether or not to conduct a Reasonable Suspicion Test.  Company/Member will provide to Express Labs USA, Inc. a Secure and Confidential Email(s) to Receive Test Results, Random Notifications and Invoices.  Company/Member should Designate a Non-Driver to be the Main Contact (DER - Designated Employee Representative).  Drivers can not be Listed as the Main Contact (DER - Designated Employee Representative).  Company/Member will Provide All Drivers who Test Positive or Refuse-to-Test for Drugs and/or Alcohol with an SAP Referral.  Company/Member will ensure Drivers do not Resume Driving prior to SAP Approval and Negative Return-to-Duty Drug Test Results under Direct Observation.  Company/Member will provide Reasonable Suspicion Training for All Supervisors.  Company/Member will Serve as the Primary Custodian of Company/Member Records.  Company/Member will provide Express Labs USA, Inc. Completed DOT Breath Alcohol Test Results by Fax and/or Email to Express Labs USA, Inc. within 24 hours of Results.  Company/Member is Responsible for the outcome of any DOT/FMCSA Audit and/or Inspection.  The Department of Transportation Regulations Governing Drug and Alcohol Testing Programs (49 CFR Part 40) makes it very clear that the Company (also referred to as 'Employer') is responsible for all aspects of compliance with the regulations.  That applies even if Express Labs USA, Inc. has been designated as a service agent.  It is critical that the Employer understand this concept.  The Responsibilities for each party are outlined in the complete Terms & Conditions.

Dishonored Check Charges

• Where permitted by law, Company agrees to pay a $50.00 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 Company which is rejected or not honored by Company'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 Automatic Payment.

Company Agrees to Indemnify Express Labs USA, Inc.

• Company/Member agrees to indemnify Express Labs USA, Inc., its assignees, 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 Express Labs, Inc. of any of the representations, warranties, or agreements made under this service agreement.

Authority Number & Driver's License Numbers

• DOT Requires Companies to provide their DOT Authority Number and Driver's License Numbers & State of Issue on their Express Labs Certificate & Active Driver List.

Membership Cancellation

• Either party may Cancel this Agreement Immediately at any time, for any reason.  Company Memberships are Non-Transferable and Non-Refundable.    

Membership Renewals

• Company/Member Agrees to Authorize Express Labs USA, Inc. to Charge Company/Member Credit Card on file for Membership Renewal 14 Days before Membership Expires.


• All Members are enrolled in the "Auto-Renew" feature.  We initiate a sequence of reminder emails: 10 at 6 months before expiration, followed by 14, 7, and 1 day before expiration.  Upon expiration, a notification is sent, informing clients that their membership has expired.  It is the responsibility of members to monitor their accounts as the expiration date approaches to prevent membership cancellation.


• Express Labs USA, Inc. may not offer a Renewal Option to Company/Member for any Reason.  Members are Required to keep a Current Credit Card on file and Authorize Express Labs USA, Inc. to charge Member's Credit Card for Membership Renewal Fees.  Memberships that are Cancelled for 30+ Days can only be Reactivated by Paying for a New Membership Term.

Terms & Conditions - Drug & Alcohol Testing Fees & Invoices

• Invoices are Due Upon Receipt - Express Labs Emails Invoices to Members on the 1st of the Month for the Previous Month's Drug Test Results


• Credit Card on File - Members are Required to keep a Current Credit Card on file and Authorize Express Labs to charge Member's Credit Card for Drug & Alcohol Testing Fees


• Company/Member's Account will be Suspended after 5 Days Late if an Invoice is not Paid


• Company/Members' Account will be Terminated and sent to Collections if a Past Due Invoice is not Paid within 15 Days.


• Accounts are sent to a Collection Agency that are 20 Days Late.  Members that are Referred to Collections will forfeit any remaining time of Membership and will not be Reactivated


• Invoices not paid within 15 Days are subject to a 1.5% Monthly Service Charge.  If Company is Referred to a Collection Agency, Company may be reported to Major Credit Bureaus: Experian, Equifax, Trans Union & Dun & Bradstreet.  Members that Dispute an Invoice and/or Referred to Collections Forfeit the remainder of their Term of Membership will not be Reactivated and no Refund will be issued.  Company is responsible for all Collection and Legal Fees.  Company/Member is Responsible for all After Hours and On-Site Collection Fees.  Results for Drug and/or Alcohol Testing will not be Processed or Reported for Suspended Accounts.


• Members are not allowed to use a 3rd Party Credit Card to Enroll in Express Labs USA, Inc.'s Consortium.


• FMCSA Clearinghouse - Accounts that are sent to a Collection Agency will be Removed from Express Labs in the FMCSA Clearinghouse


• 3rd Party Agents - 3rd Party Agents are not allowed to Enroll Clients in Express Labs Consortium with their own Credit Card.  Members are Required to keep a Current Credit Card on file and Authorize Express Labs to charge Member's Credit Card for Drug & Alcohol Testing Fees

Membership Termination

• Employers & Owner Operators that do not Complete Random Selections with Regulations set forth by CFR Part 40 & 382 will result in Termination from Express Labs Consortium and Forfeit any Remaining time of Membership.


• Company/Members' Account will be Terminated and sent to Collections if a Past Due Invoice is not Paid within 15 Days.