Terms & Conditions

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

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

Adding Drivers to the DOT Random Pool Instructions (Upon Enrolling)

Upon Enrolling: Drivers can be Added During Enrollment that have been in a Random Pool within the Previous 30 Days and have Negative Pre-Employment Drug Test Results in your Company Name

After Enrolling: Send Drivers for Pre-Employment Drug Testing by Ordering Online or using the Quest Paper Forms we provide (If you can't Order Online).  After Enrolling, Express Labs does not accept Drug Test Results from other Companies

• DOT Requires a New Pre-Employment DOT Drug Test if a Driver or your Company has not been in a Random Pool within the Previous 30 Days

Drivers are Added to the Random Pool and Cleared to Drive when:

• Negative DOT Pre-Employment Drug Test Results are Reported


• Drug & Alcohol Policy has been Completed


• Employer & Drivers are Registered in the FMCSA Clearinghouse


• Full Query has be Completed in the FMCSA Clearinghouse


• All Supervisors have taken the Supervisor Training Course (Owner Operators are Exempt)

Random Selections

Express Labs performs 4 Quarterly Computerized Random Selections and Posts the Random Selections in Member's Express Labs Accounts in January, April, July & October to comply with DOT's Mandate to have a Minimum of 50% of Drivers Tested for Drugs & 10% for Alcohol yearly.  Express Labs Emails Random Selections and Posts the Random Selections in Member's Express Labs Accounts.   Member's must Check their Express Labs Account to view Random Selections in early February, May, August & November if you didn't receive an Email Notification.  DOT Requires All Active Drivers to be Eligible to be Selected Every Quarter.  Drivers may be Selected 0-4 Times Yearly

Drug Testing

The 2 Options for Drug Testing are Ordering Online or using the Quest Paper Forms we provide (If you can't Order Online).  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.  Invoices are Due Upon Receipt on the 1^st of the Month for the Previous Month's Results & Must be Paid to keep Memberships Active.  Members are Required to keep a Valid Credit Card in their Express Labs Account and Authorize Express Labs to charge for Drug & Alcohol Results.  Members do not Pay Collection Fees when Ordering Online or using the Paper Quest Forms at In-Network Sites.  Drug & Alcohol Testing Fees are not Included in the Membership Fee

• In-Network Collection Sites (Collection Fees Included): Express Labs charges $80 for Laboratory Drug Test Results when Ordering Online or using the Paper Quest Forms that Express Labs provides


• Out-of-Network Collection Sites (Collection Fees Not Included) Express Labs charges $80 for Laboratory Drug Test Results when using the Paper Quest Forms that Express Labs provides


• Observed Collections: Members are charged an Additional $45 for Observed Drug Test Collections at Preferred In-Network Sites (Return-to-Duty & Follow-Up)

Breath Alcohol Testing

The 2 Options for Breath Alcohol Testing are Ordering Online or Choose Any Site, Pay for the Test, Send Express Labs the Results

Breath Alcohol Testing Fees

Express Labs charges $80 for DOT Breath Alcohol Test Results when Ordering Online in your Express Labs Account.  Invoices are Due Upon Receipt on the 1^st of the Month for the Previous Month's Results.  Members are Required to keep a Valid Credit Card in their Express Labs Account and Authorize Express Labs to charge for Drug & Alcohol Results.  Drug & 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 In-Network Preferred Sites and $400 at Quest Diagnostics Sites

Contesting Positive Drug Test Results (Split Specimen Confirmation Testing)

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

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


• Seasonal Companies: DOT Requires Seasonal Companies to Deactivate Drivers when they are no longer Driving and send Drivers for a New Pre-Employment Drug Tests when Drivers Return


• 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 Add & Deactivate Drivers from the Random Pool

FMCSA Clearinghouse

As of January 6, 2020, Employers, Drivers & Owner Operators are Required to Register in the FMCSA Clearinghouse.  The FMCSA Clearinghouse acts as a Centralized Database for Storing Records of Drug and Alcohol Violations by CDL holders, including Positive Test Results, Refusals-to-Test, and completed Return-to-Duty processes

Reporting Violations to the FMCSA Clearinghouse

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


• Employers Must Report Positive Alcohol Results of .04 or Higher, Refusal-to-Test (Alcohol), Refusal-to-Test (Drug), 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), Negative Return-to-Duty (RTD) Test Results to the FMCSA Clearinghouse, the Date the Follow-Up Testing Plan has been Successfully Completed

Supervisor Training Online Course (Owner Operators are Exempt)

DOT Requires all Supervisors take the Supervisor Reasonable Suspicion Training Course to Add Drivers to the Random Pool.  The Purpose of this Training is to enable Supervisors to Recognize and Determine the Signs and Symptoms of Drug and Alcohol Abuse to send Driverd for Reasonable Suspicion Drug or Alcohol Testing.  Express Labs charges $100 for the Online Course

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.  Express Labs Requires 1 Business Day to Process Audit Requests for Company/Member.  DOT Requires Express Labs to Retain Negative DOT Urine Drug & DOT Alcohol Results for 1 Year and Positive Drug & Alcohol Results for 5 Years.

Company/Member Agrees to the Following:

Company/Member agrees to Provide DOT Authority Number, Current Phyiscal Address & Phone Number.  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 Immediately in Company/Member's Express Labs Account who are Terminated, Not Hired or Unavailable to be Random Tested during the Quarter Selected with enough time to have Results Reported within the Selection Period from the Re-Selected Driver.  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 a Full Query in the FMCSA Clearinghouse is to Check for any Prior Drug and Alcohol Violations and make sure the Driver is Cleared to Drive for each new Driver.  Company/Member will Determine if a Post-Accident Drug and Alcohol Testing is Required following an Accident.  Company/Member will Complete the Drug & Alcohol Policy Prior to sending the Driver for Pre-Employment Drug Testing for each new Driver.  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 Ensures All Supervisors have taken the Supervisor Reasonable Suspicion Training Course to to enable Supervisors to Recognize and Determine the Signs and Symptoms of Drug and Alcohol Abuse to send Drivers for Reasonable Suspicion Drug or Alcohol Testing.  Company/Member must 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 and Reporting the Negative Return-to-Duty Drug Test Results to the FMCSA Clearinghouse.  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 Email or Fax within 24 hours of Testing if the Test was not Ordered Online.  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/Member (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.  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.

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 Agree to keep a Current Credit Card on file and Authorize Express Labs USA, Inc. to charge Member's Credit Card for Membership Renewal Fee 14 Days before Membership Expires.  All Members are Enrolled in the "Auto-Renew" feature.  Express Labs USA, Inc. sends Reminder Emails at 6, 5, 4, 3, 2 & 1 Month before Expiration followed by Charging Company/Member's Credit Card on file for Membership Renewal 14, 7, and 1 Day before Expiration.  Upon Expiration, a Notification is sent, informing Company/Member that their Membership has Expired.  It is the Responsibility of Company/Member's to Monitor their Account 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.  DOT Requires a New Pre-Employment DOT Drug Test if a Driver has not been in a Random Pool within the previous 30 Days or if Company/Member'S Membership has been Deactivated for 30+ Days

Drug & Alcohol Testing Invoices

Invoices are Due Upon Receipt, on the 1^st of the Month for the Previous Month's Results & Must be Paid to keep Memberships Active.  Members are Required to keep a Valid Credit Card in their Express Labs Account and Authorize Express Labs to charge for Drug & Alcohol Results.  Accounts that are not paid within 5 days are Suspended for Non-Payment.  Accounts will be Suspended for Non-Payment if a Credit Card is not on File for Non-Payment on the 1st of the Month the Payment is Due.  Accounts that do not Pay their 1st Invoice will be Suspended for Non-Payment on the 1st of the Month the Payment is Due.  Accounts that are not paid within 20 days are Terminated for Non-Payment and Referred to a Collection Agency.  Members that are Referred to Collections will Forfeit any Remaining Time of Membership and will not be Reactivated.  Invoices that are Disputed will be assessed a $50 Bank Fee.  Invoices not paid within 20 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 and 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.  Accounts that are sent to a Collection Agency will be Removed from Express Labs Listing in the FMCSA Clearinghouse.  3rd Party Agents are not allowed to Enroll Clients in Express Labs Consortium with their own Credit Card.

Companies who Fail to Complete Random Selections

Companies who Fail to Complete Random Selections may be Terminated from the Consortium and be Reported to the FMCSA Clearinghouse for Non-Compliance with 49 CFR Part 40 regarding Random Selections.  Failure to Complete Random Selections affects Express Labs Ability to keep All Members in Compliance.  DOT may Fine $10,000+ Per Incomplete Random Selection.  Random Drug Tests from other Companies do not count towards your Compliance or our Compliance with DOT's Mandate of Drivers Tested.  Companies that are Terminated for Non-Compliance will Forfeit the Remaining Time of Membership and can not be Reactivated

• Express Labs must comply with DOT's Mandate to have a Minimum of 50% of Drivers Tested for Drugs & 10% for Alcohol yearly.  All Results are posted on Express Labs MIS Report that all Members need for DOT Audits & Inspections

Membership Termination

Company/Members's Accounts that are not paid within 20 days are Terminated for Non-Payment and Referred to a Collection Agency and cannot be Reactivated.  Company/Members's Accounts who Fail to Complete Random Selections During the Quarter the Driver was Selected may be Terminated from the Consortium and be Reported to the FMCSA Clearinghouse for Non-Compliance with 49 CFR Part 40 regarding Random Selections.  Company/Members's Accounts that are Terminated for Non-Payment or Non-Compliance will Forfeit the Remainder of their Term of Membership and will not be Reactivated and no Refund will be issued.