Terms & Conditions
Company/Member agrees to Express Labs Terms & Conditions upon enrolling.
Adding Drivers
During Enrollment – Drivers may be added to the random pool if they have a negative DOT pre-employment drug test and have been in a DOT random pool within the last 30 days.
After enrollment – Drivers are added to the random pool only after negative pre-employment drug test results are verified by the Express Labs Medical Review Officer (MRO).
Deactivating Drivers
DOT requires employers to deactivate drivers immediately who are terminated, not hired, seasonal breaks, extended leave, temporary non-driving status, vacation, international travel, medical procedure or unavailable to be randomly tested during the quarter selected for any reason before being selected for random testing.
Deactivated drivers who were selected can only be reactivated with a new pre-employment drug test.
Owner-operators: DOT requires owner-operators to deactivate themselves if unavailable for random testing prior to selection due to extended leave, medical absence, temporary non-driving status, or international travel.
Random Testing Requirements
DOT requires random drug and alcohol testing programs to meet minimum annual testing rates:
- 50% of drivers tested for drugs each year
- 10% of drivers tested for alcohol each year
- All testing activity is reported in the DOT MIS report
Notification Process
- Notifications are sent by email and posted in your account in January, April, July, October.
- If an email notification is not received, members must log into their account to review posted random selections on:: Feb 1, May 1, Aug 1, Nov 1
- Email notifications are provided as a convenience, but the member portal is the official source of notification.
Owner-Operators
DOT requires owner-operators to get tested immediately when you are notified meaning you “know you were selected” for random drug or alcohol testing — by email or by checking your Express Labs account. Drive to the site only after you have received the QPassport and called to confirm the site is open.
Employers
DOT requires employers to notify drivers without delay — by email or by checking your Express Labs account. DOT requires drivers to get tested immediately when notified or it is a refusal-to-test which is the same as a positive result. Notify drivers only after you have received the QPassport and called to confirm the site is open.
Random Testing
Drivers selected for random testing must stop driving and report for testing immediately after notification. Selections cannot be delayed, changed, reassigned, or canceled.
Driver availability – Drivers who are unavailable (vacation, leave, etc.) must be deactivated before random selections occur.
Re-Selections
When a driver who was selected for random testing is deactivated, an automated re-selection is conducted from the remaining active drivers. This may result in a driver being selected more than once within the same quarter. DOT regulations permit re-selections only during the active selection period.
Driver management – Members are responsible for maintaining an accurate and up-to-date driver list at all times.
Drug Testing Requirements
Members are required to order drug tests online (QPassports) in your Express Labs account or use the paper Quest forms (provided by Express Labs). All DOT drug tests must be ordered through Express Labs. Results from other consortiums or third-party programs are not accepted.
Drug Testing Fees
Express Labs charges $80 for DOT & non-DOT drug test results at in-network collection sites. Collection fees are not included at out-of-network sites. Express Labs charges $125 for return-to-duty & follow-up drug tests ($125 observed) at in-network collection sites. Membership fees do not include drug testing charges. Invoices are due upon receipt – Members must keep a valid credit card on file to maintain active status for both the company and drivers.
Alcohol Testing Requirements
Members are required to order breath alcohol tests online (QPassports) in your Express Labs account or choose any site, pay for the test and send Express Labs the results.
Alcohol Testing Fees
Express Labs charges $80 for breath alcohol test results. Membership fees do not include alcohol testing charges. Invoices are due upon receipt – Members must keep a valid credit card on file to maintain active status for both the company and drivers.
Contesting Positive Drug Test Results
Drivers have the right under DOT/FMCSA regulations to contest positive or refusal drug test results. When a driver requests a split specimen confirmation test (testing of sample B), the process begins immediately once the driver authorizes and verbally requests the split specimen confirmation. The MRO authorizes the transfer of both B to another SAMHSA-certified laboratory. Express Labs charges a $200 fee for hazmat shipping of sample B via FedEx. The driver may rescind the request only if the process has not yet started, by contacting the MRO. Employers may not delay or cancel the process for financial or monetary reasons.
Express Labs USA, Inc. – Consortium Services and Compliance
Express Labs USA, Inc. provides consortium/third party administrator (TPA) services for the Federal Motor Carrier Safety Administration (FMCSA) in accordance with DOT 49 CFR Parts 40 and 382. Participation in the Express Labs consortium includes issuance of a certificate verifying compliance with these federal regulations.
The company’s computerized random selection system is fully compliant with DOT and FMCSA requirements.
All results are compiled and presented in the Express Labs MIS report, which is provided to all members for use during DOT audits and inspections. Please note that Express Labs does not provide customized MIS reports for agencies other than FMCSA.
Drug testing procedures: Drug tests ordered online through the Express Labs account portal or using Quest Diagnostics forms issued by Express Labs are conducted exclusively by SAMHSA-certified laboratories. Each DOT drug test result is reviewed and verified by a DOT-certified Medical Review Officer (MRO) to ensure compliance and accuracy.
All DOT test results are securely reported to the company or member via the designated business email. In the event of a positive result, Express Labs provides access to a network of DOT/FMCSA-compliant Substance Abuse Professionals (SAPs) to assist with the return-to-duty process.
Recordkeeping and audit requests: As a consortium/TPA, Express Labs USA, Inc. maintains all required compliance records, including driver lists, testing results, and other relevant documentation necessary for DOT FMCSA audits and inspections. Express Labs requires one business day to process any audit-related documentation requests.
DOT record retention regulations: Negative DOT drug and alcohol test results are retained for one (1) year. Positive DOT drug and alcohol test results are retained for five (5) years.
Company/Member Responsibilities
Registration and compliance: The company/member must provide a valid DOT authority number, current physical address, and phone number. They are responsible for delivering random selection notifications to drivers within the selection period and ensuring immediate driver compliance. All random selections must be completed before the selection period ends to remain compliant with DOT/FMCSA regulations and maintain active consortium status.
Driver enrollment and pre-employment testing: Employers and owner-operators must verify that any newly added drivers have been part of a random testing pool within the previous 30 days of enrollment and have a negative pre-employment drug test under their company’s name.
Drivers are added to the random pool after Express Labs’ MRO reports a negative pre-employment result. If a driver was not in a random pool within 30 days, a new pre-employment drug test is required by DOT before they perform safety-sensitive duties – driving.
FMCSA clearinghouse and testing policies: Express Labs USA, Inc. does not register companies or perform clearinghouse queries on behalf of employers or owner-operators. A full FMCSA clearinghouse query must be conducted for each new driver before they operate a commercial motor vehicle (CMV).
Quarterly random selections: Express Labs conducts quarterly computerized random selections and sends email notifications to all active users in company/member Express Labs account and posts random selections in company/member accounts in January, April, July & October, in compliance with the DOT mandate requiring 50% of drivers to be drug tested and 10% for alcohol annually. To prevent missed notifications, add info@expresslabs.com to your email’s filters and blocked addresses. It is the responsibility of company/member to check their Express Labs account in the random selections on the left side tabs in your account at minimum of 4 times per year on the 1st of February, May, August & November.
Driver roster maintenance: The company/member must promptly deactivate terminated, non-hired, or unavailable drivers in their account to allow alternate driver selections within the selection period to have results reported before the selection period ends. They must maintain clear, legible records of all drug and alcohol test results — including pre-employment, random, post-accident, reasonable suspicion, follow-up, and return-to-duty tests — for DOT audits and inspections.
The company/member must determine when post-accident or reasonable suspicion testing is required and maintain a DOT-compliant drug and alcohol policy before initiating pre-employment testing.
Communication and training: The company/member must provide Express Labs USA, Inc. with a secured and confidential email address for receiving results, random notifications and invoices. All supervisors must complete DOT-mandated reasonable suspicion training to identify and act upon potential impairment.
Designated employer representative (DER): A non-driver must be assigned as the DER (Designated Employee Representative). In cases of positive or refusal-to-test, the company/member must refer the driver to a DOT-qualified Substance Abuse Professional (SAP). Drivers may not resume safety-sensitive duties (driving) until completing the SAP process, passing a return-to-duty test under direct observation, and having a negative return-to-duty test result reported to the FMCSA clearinghouse. Employers must report negative return-to-duty and the final follow-up results to the clearinghouse.
Recordkeeping and accountability: The company/member remains fully responsible for DOT/FMCSA compliance and their audits or inspections. Under 49 CFR Part 40, the employer is ultimately accountable for compliance, even if Express Labs USA, Inc. acts as a service agent.
The company/member is the primary custodian of all required testing records and must submit completed breath alcohol test results to Express Labs USA, Inc. within 24 hours if the test was not ordered online in Express Labs website.
Membership Renewals
When enrolling in Express Labs consortium, your company is automatically enrolled in membership auto-renewal. Your authorized Express Labs USA, Inc. to renew your membership 14 days before the expiration date and to charge the payment method on file for the renewal fee.
Express Labs sends automated reminder emails 6, 5, 4, 3, 2, and 1 month prior to your membership expiration. If a membership expires, an email notification is sent to inform your company of the expiration. The renewal fee is automatically charged 14 days, 7 days, and 1 day before the expiration date. On the 1st of each month, Express Labs sends an active drivers list that includes your certificate and membership expiration date to help you review and stay current. It is the company’s responsibility to monitor its account and ensure the membership is renewed before the expiration date to avoid cancellation. Express Labs USA, Inc. reserves the right to decline renewal for any reason.
Drug & Alcohol Testing Invoices
All invoices are due upon receipt. Members must maintain a valid credit card on file with Express Labs to keep both company and drivers active. By maintaining membership, members authorize Express Labs to charge the card on file for all drug and alcohol testing fees.
Accounts not paid will be suspended for non-payment. Accounts without a valid credit card on file will also be suspended. Accounts that fail to pay their first invoice will be suspended on the first (1st) of the month. Accounts unpaid for twenty (20) days will be terminated for non-payment and referred to a collection agency. Once referred to collections, members forfeit any remaining membership time and cannot be reactivated.
All drug and alcohol testing fees are non-refundable. Once a test has been collected and results have been reported, no refunds will be issued under any circumstances. Disputed invoices will incur a $50 bank fee. Invoices not paid within twenty (20) days are subject to a 1.5% monthly service charge. Members referred to collections or who dispute an invoice will forfeit the remainder of their membership term and will not receive a refund. Accounts sent to a collection agency may be reported to Experian, Equifax, TransUnion, and Dun & Bradstreet. The company is responsible for all collection and legal fees, as well as attorney fees or on-site collection charges.
Dishonored Check Charges
Where permitted by law, the company shall pay a fee of $50.00 or the maximum amount allowed by applicable law for any check or payment returned due to insufficient funds, a closed account, or an unauthorized stop payment. This includes any rejected or unprocessed automatic payments authorized by the company that are declined by its financial institution or credit card issuer. The company shall also be responsible for any additional costs or expenses incurred by Express Labs USA, Inc. in the collection of such payments.
Company Agrees to Indemnify Express Labs USA, Inc.
The company (or member) agrees to indemnify, defend, and hold harmless Express Labs USA, Inc., along with its affiliates, assignees, and vendors, from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to any breach of the representations, warranties, or obligations made by the company under this agreement.
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 clearinghouse cannot enroll in Express Labs consortium. Owner operators who test positive will be terminated from Express Labs consortium.
Membership Cancellations
Either party may cancel this agreement at any time, for any reason, with immediate effect. Company memberships are non-transferable and non-refundable.
Membership Termination
Important – Failure to comply may result in refusal-to-test determinations, FMCSA clearinghouse reporting, or removal from the consortium program.
Accounts terminated for non-payment will forfeit the remainder of their membership term, will not be reactivated, and will not receive a refund.
Companies that fail to complete required random drug and alcohol selections will be terminated from the Express Labs consortium. Accounts terminated for non-compliance will forfeit any remaining membership time and will not be eligible for refunds.
Any use of abusive, threatening, or harassing language directed toward Express Labs staff — whether by phone, email, or any other form of communication — will not be tolerated under any circumstances. Such behavior will result in the immediate termination of your account. Express Labs reserves the right to take immediate and decisive action, including suspension or permanent removal of services, in response to any form of abuse or harassment.
Express Labs FMCSA Random Drug & Alcohol Consortium
Terms & Conditions | Updated 2026