ALERT

Quest Diagnostics eScreen, will migrate to the Microsoft Azure cloud on August 23-25, this may cause a disruption or delay in service. For more information:

Quest eScreen Migration
Clearinghouse Terms and Conditions - Workforce QA
Reach Out

DOT Clearinghouse C/TPA Service Terms & Conditions

Please read these terms governing the purchase of DOT Clearinghouse C/TPA Services carefully.  They are incorporated by reference into and supplement a Service Agreement which you have signed.  By accessing, using, ordering, and receiving services from WorkforceQA, you are accepting and agreeing to be legally bound by the additional and supplemental terms and conditions stated hereinbelow.

  1. Incorporation of Terms.  To order and receive services from WorkforceQA, LLC (“WFQA”), all Clients (hereafter, the “Client”) must sign a Service Agreement.  These terms regarding DOT Clearinghouse C/TPA Services are hereby incorporated into and supplement the Service Agreement executed by Client and together with the Service Agreement shall govern the purchase, receipt, and use of all Services.  By purchasing, receiving, and using Services, you are agreeing to be bound by these DOT Clearinghouse C/TPA Services terms and your continued use or access to WFQA’s Platforms and ordering of Services indicates your continued acceptance of the same.  Where there is a conflict or inconsistency between the Service Agreement and these terms, the Service Agreement shall prevail and govern the rights, duties, and obligations of the parties.
  2. Definitions.
    1. Clearinghouse: Shall refer to the Commercial Driver’s License Drug and Alcohol Clearinghouse administered by the FMCSA which contains certain records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals.
    1. C/TPA:  Shall refer to a consortium/third-party administrator designated by a motor carrier in the Clearinghouse.
    1. DOT: Shall refer to the United States Department of Transportation.
    1. FMCSA: Shall refer to the United States Federal Motor Carrier Safety Administration.
    1. FMCSA Regulations: Shall refer to Subpart G of Part 382 of FMCSA Regulations, 49 C.F.R. §§ 382.701, et seq., pursuant to which a motor carrier is required to: (1) report drug and alcohol program violations, return to duty information, and information regarding the completion of follow-up testing prescribed in a Substance Abuse Professional (“SAP”) report (collectively hereinafter, “Driver Information”) to the Clearinghouse; and (2) query the Clearinghouse to verify that current or prospective employees are not prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to an unresolved drug and alcohol program violation—that is, a violation for which the driver has not completed the return-to-duty (RTD) process (hereinafter, “Query”).
    1. All other capitalized defined terms shall have the definitions assigned to them in the Service Agreement or other Incorporated Terms.
  3. Clearinghouse Registration & Driver Education. Client shall register [TH1] with the Clearinghouse and designate WFQA as its C/TPA to report Driver Information and/or conduct queries on Client’s behalf, as the case may be.  Client shall also provide basic training to its CDL drivers on their Clearinghouse obligations, inform the driver of the necessity to register as a driver in the Clearinghouse, and provide education about how to do so.
  4. Query Plans.  The FMCSA currently sells Query Plans to employers at a rate established by the FMCSA.  Client understands and acknowledges that query plans may only be purchased from the FMCSA Clearinghouse and that WFQA may not purchase query plans for the Client.  Client shall select and purchase a Query Plan from the Clearinghouse to ensure that WFQA may conduct queries as agreed to by the parties.  Client shall select a Query Plan that Client believes is best suited its needs according to Client’s number of current and prospective employees.  Client shall monitor its Clearinghouse Query Account Balance to ensure that the balance is sufficient to allow WFQA to conduct queries as requested by Client.  WFQA shall not be responsible for queries not conducted on behalf of the Client due to Client’s failure to maintain a sufficient query balance in the Client’s Clearinghouse account.
  5. Querying. 
    1. Client understands and acknowledges that the FMCSA requires Client to make a pre-employment Query for each driver in the Clearinghouse and at least one full or limited Query each year for each driver during the term of employment to check if employees and prospective employees are prohibited from performing safety-sensitive functions, such as operating CMVs, due to an unresolved drug and alcohol program violation.  Client will need to use the driver’s CDL Number and state of issuance to query a driver’s Clearinghouse record.  WFQA shall conduct Clearinghouse queries on behalf of the Client upon the Client’s request. Client shall make such a request by placing an order using WFQA’s Platform or in a manner otherwise agreed to between the parties in writing.  Client shall ensure that its order reflects whether the Client intends for WFQA to conduct a pre-employment, full, or limited Query on each driver and WFQA shall not be responsible for the Client’s failure to order the correct type of Query.  WFQA is not responsible for ensuring that Client places the type of order that is legally required under the circumstances of the order.  WFQA shall report the results to Client if any such results exist (hereinafter, “Query Reports”).  If no results exist, WFQA shall indicate that no Clearinghouse information exists for the driver in the Query Report.
    1. Client affirms that it will secure from its CDL Drivers a written general consent for limited Queries of the FMCSA Clearinghouse for the duration of employment.  In the event that Client is legally required to provide additional disclosures or obtain additional authorizations for WFQA to conduct Queries of drivers on behalf of the Client, Client hereby agrees to provide or obtain such disclosures or authorizations.  Client is encouraged to consult with its legal counsel regarding the nature, extent, wording, scope, and frequency of securing consents from.  Client may wish to consider securing a new consent each year. WFQA does not provide any legal advice regarding Client’s compliance with federal and state consumer reporting laws or other laws and regulations.
  6. Reporting.
    1. Client understands and acknowledges that the FMCSA requires the Client to report Driver Information to the Clearinghouse as follows: (a) Alcohol concentration of 0.04 or greater; (b) A negative return-to-duty test; (c) A refusal to take an alcohol test; (d) A refusal to submit to a drug test; (e) An employer’s report of completion of follow-up testing prescribed in a SAP report; and (f) The employer’s actual knowledge of a driver’s violation.
    1. Client understands and acknowledges that drivers’ refusals to test will generally come to the attention of the Client when the specimen collector contacts the Client’s Designated Employer Representative (“DER”) or when the DER otherwise discovers the driver did not appear for a test.  Client additionally understands and acknowledges that “actual knowledge” consists of the following four sub-categories of information: (a) Actual knowledge of a driver’s on-duty use of alcohol; (b) Actual knowledge of a driver’s use of alcohol in the four hours prior to duty; (c) Actual knowledge of alcohol use within eight hours post-accident; and (d) Actual knowledge of a driver’s use of a controlled substance.
    1. WFQA agrees to report Driver Information to the Clearinghouse on behalf of the Client, subject to the following provisions:
      1. Client shall notify WFQA by the close of the second business day [TH2] of Client’s receipt of Driver Information by placing an order with WFQA using WFQA’s Platform or in a manner otherwise agreed to between the parties in writing and WFQA shall report such Driver Information to the Clearinghouse by the end of the third business day following the Client’s receipt of the Driver information.
      1. If Client provides Driver Information to WFQA after the close of the second business day but before the end of the third business day, WFQA shall make reasonable efforts to report the Driver Information to the Clearinghouse in a timely manner; however, WFQA cannot guarantee that the Driver Information will be reported to the Clearinghouse before the three-business-day deadline.
      1. Client understands and acknowledges that the FMCSA requires Client to report Driver Information to the Clearinghouse by the close of the third business day following the date on which the employer obtained such Driver Information.  Client may still report Driver Information even if the three-day deadline has passed; however, the Clearinghouse will capture the date the Driver Information was reported to the Clearinghouse and this information may be reviewed during an investigation of the Client’s operations and compliance with the FMCSA Regulations.  If Client provides Driver Information to WFQA after the close of the third business day following the Client’s receipt of such information, WFQA shall make reasonable efforts to report the Driver Information to the Clearinghouse in a prompt manner.
      1. When requesting WFQA to report Driver Information to the Clearinghouse on its behalf, Client shall provide WFQA[TH3]  with the following information: (a) The driver’s name, date of birth, CDL# and state of issuance; and (b) The employer’s name, address and US DOT#.
      1. When requesting WFQA to report (i.) alcohol concentration of 0.04 or greater; (ii.) a negative return-to-duty test; (iii.) a refusal to take an alcohol test; (iv.) a refusal to submit to a drug test; or (v.) an employer’s report of completion of follow-up testing prescribed in a SAP report to the Clearinghouse on its behalf, Client shall additionally provide WFQA with the following information[TH4] : (a) the reason for the test; (b) the date of the test; (c) the date the result was reported to the employer; and (d) The test result, which must be one of the following: (1) Negative (Return to Duty Tests only); (2) Positive; or (3) Refusal to test.
      1. When requesting WFQA to report (i.) a refusal to take an alcohol test or (ii.) a refusal to submit to a drug test, Client shall additionally provide WFQA [TH5] with the following information: (a) documentation showing the driver was notified of his requirement to appear at the test site, including the time, date, and location the employee was directed to appear; (b) documentation indicating the driver was terminated or resigned (if applicable); and (c) a certificate of service showing that the driver was provided with a copy of such documentation.
      1. When requesting WFQA to report the employer’s actual knowledge of a driver’s violation to the Clearinghouse on its behalf, the Client shall additionally provide [TH6] the following information to WFQA: (a) the date the Client obtained actual knowledge of the violation; (b) witnesses to the violation, if any, including contact information; (c) a written description of the violation; (d) evidence supporting each fact alleged in the description of the violation, which may include, but is not limited to, affidavits, photographs, video or audio recordings, employee statements (other than admissions pursuant to § 382.121), correspondence, or other documentation; and (e) a certificate of service or other evidence showing that Client provided the driver with all of such documentation.
    1. Client understands and acknowledges that the FMCSA requires anyone reporting information to the Clearinghouse to do so truthfully and accurately and the Regulations prohibits anyone from reporting false information, inaccurate or misleading information, or information that should be known to be false or inaccurate, and Client hereby agrees to only request WFQA to report Driver Information that the Client reasonably believes to be truthful and accurate.
    1. Client affirms that it shall continue to remain ultimately responsible in accordance with the FMCSA Regulations for the reporting of Driver Information and other responsibilities designated to employers by the Regulations.
  7. Client’s § 601 DOT Employer Policy.  Client hereby affirms that its § 601 DOT Employer Policy complies with the FMCSA’s Drug and Alcohol Clearinghouse Regulations.
  8. Compensation.  In consideration for the DOT Clearinghouse C/TPA Services to be performed by WFQA, Client agrees to pay WFQA in accordance with the Prices and Fees set forth in the Price Schedule and the Service Agreement.
  9. [TH7] .  The Client understands and acknowledges that WFQA shall not be responsible for storing Client’s data gathered or provided to Client pursuant to these Incorporated Terms.  Client shall be responsible for downloading and saving any Clearinghouse-related information from WFQA’s Platform for its own use and storage.
  10. Limited Warranty.  WFQA represents and warrants to Client that: (a) it shall perform the DOT Clearinghouse C/TPA Services in a professional and workmanlike manner using personnel of required skill, experience, and qualifications and in accordance with generally recognized industry standards and in compliance with terms of the Service Agreement and these Incorporated Terms; and (b) it shall devote adequate resources to meet its obligations herein.  This Limited Warranty is in lieu of all other warranties, expressed or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. 

Last Updated: 01/2024