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Drug Testing Terms and Conditions                       - Workforce QA
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Drug & Alcohol Testing and Occupational Health Screening Agent Services

Please read these terms governing the purchase of Drug & Alcohol Testing and Occupational Health Screening Agent 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 customers (hereafter, the “Client”) must sign a Service Agreement.  These terms regarding Drug & Alcohol Testing and Occupational Health Screening Agent 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 Drug & Alcohol Testing and Occupational Health Screening Agent 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. DER: Shall refer to the designated employer representative as defined in 40 C.F.R. § 40.3.
    1. DOT: Shall refer to the United States Department of Transportation.
    1. FMCSA: Shall refer to the United State Federal Motor Carrier Safety Administration.
    1. Part 40: Shall mean the procedures for transportation workplace drug and alcohol testing programs promulgated by the United States Department of Transportation in 49 C.F.R. §§ 40.1 et seq. 
    1. All other capitalized defined terms shall have the definitions assigned to them in the Service Agreement or other Incorporated Terms.
  3. Services.  In its capacity as a consortium/third-party administrator and service agent (“TPA”), WFQA shall provide drug and alcohol testing services (“DnA Testing Services”), FMCSA driver examination services, and occupational health screening services to Client for the duration of the Service Agreement and as more particularly described hereinbelow in accordance with terms and upon the conditions set forth therein.
  4. Compensation.  In consideration for the 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.
  5. Drug & Alcohol Testing Services.
    1. DOT-Regulated Employers.  The following terms shall apply to those Clients which are employers regulated by the DOT and which request regulated Services from WFQA.
      1. Role of WFQA.  WFQA shall function as a third-party administrator as that term is defined in Subpart A of Part 40 and, where agreed upon by the parties herein, it shall have those roles and perform those responsibilities which are set forth in Subpart Q of Part 40. 
      1. Ordering of DnA Testing Services.  Client may order DnA Testing Services by (a) scheduling a test through WFQA’s Platform, (b) utilizing on-demand “walk-in” services at pre-determined collection sites during normal business hours, (c) utilizing an emergency 24/7 call-out service for emergency testing needed after normal business hours, and (d) scheduling on-site testing at a worksite.  For pre-employment testing orders, Client agrees to initiate the order in sufficient time to allow for result reporting prior to the donor’s hire into a safety sensitive position.
      1. Collection Sites & Specimen Collection.  WFQA shall only provide collection sites which comply with Subpart D of Part 40 and said sites shall provide the level security and integrity required in that subpart, along with the use of proper forms.
      1. Collections & Testing Supplies.  WFQA or its contracted vendor shall supply all specimen collection materials for drug testing and alcohol screening, including specimen bottles, Custody and Control Forms (CCF), bottle seals, and packaging.  WFQA shall arrange for transportation of specimens to the testing laboratory.
      1. Laboratories.  In its role as Client’s TPA, WFQA shall retain and use only those laboratories which are certified by the Substance Abuse & Mental Health Services Administration (“SAMHSA”) in accordance with the National Laboratory Certification Program, 49 C.F.R. § 40.81.  The laboratories will be required to comply with Subpart of F of Part 40, including, but not limited to, adherence to the requirements for cutoff concentrations, validity testing, reporting, record and specimen retention, and the provision of statistical summaries.
      1. Drug Specimen Analysis.  WFQA shall coordinate the analysis of drug specimens by SAMHSA-certified laboratories.
      1. Split Specimen Testing.  When requested by a donor in accordance with Part 40, WFQA will arrange split specimen testing with a SAMHSA-certified laboratory, including contracting with the laboratory, tracking the specimen transport and testing, and reporting the results to the donor and the Client.  Applicable fees for split specimen testing will be billed to and shall be paid by the Client.  The split specimen testing fee is subject to change upon thirty (30) days’ written notice to the Client if the fee charged to WFQA by the alternate laboratory increases or immediately if Client requires a different alternate laboratory which charges higher fees to WFQA.
      1. Alcohol Specimen Analysis.  When analyzing breath alcohol samples, WFQA shall utilize alcohol testing equipment that meets the requirements of the U.S. DOT Conforming Products List (CPL) and will include alcohol screening devices compliant with Part 40.  WFQA shall use a certified Breath Alcohol Technician as that term is defined in Part 40 to administer tests, and it shall require BATs to perform their services in compliance with DOT regulations, including Subpart J of Part 40.
      1. Medical Review Officer Services.  In its role as Client’s TPA, WFQA will retain and coordinate the provision of MRO services.  The MROs shall be certified in accordance with regulations promulgated by the DOT, including Subpart G of Part 40.  MROs will be required to certify they do not have, and will not in the future engage in relationships which would cause, a conflict of interest as prohibited by 49 C.F.R. §§ 40.101, 40.125, and 40.353.  MROs will be required to comply with their obligations under the regulations pertaining to the Drug and Alcohol Clearinghouse maintained by the FMSCA, 49 C.F.R. §§ 382.701 et seq., including, but not limited to, their obligation to report within two business days of making a determination or verification of verified positive, adulterated, or substituted controlled substances test results and refusals-to test.
      1. Results Reporting.  WFQA will report all DOT test results to Client in compliance with and as limited by Appendix H of Part 40 and according to the procedures agreed upon by the parties in these terms and conditions and during account set-up.  Generally, WFQA shall utilize its Platform to report test results to Client.  WFQA may also report results by email, data file transfer, or according to other specifications agreed upon by the parties.  Each party acknowledges and understands that results may contain sensitive data and each party covenants and agrees to take reasonable measures to protect the confidentiality of said sensitive data.
        1. Client authorizes WFQA to act as an intermediary in the transmission of drug and alcohol testing information from the MRO or the BAT to the Client, with the exception of positive alcohol results which will come directly from the BAT.
      1. Random Testing Section Services.  Client authorizes WFQA and WFQA agrees to provide random testing selection services in accordance with Subpart C of Part 382 of Title 49 of the Code of Federal Regulations.  Client agrees to perform random pool auditing and maintenance as dictated by employee activities, regulatory requirements, and client’s internal policies.  Client authorizes WFQA to include Client’s donors in larger pools of covered employers.  Client shall provide WFQA with regular updates of its pool with a minimum of four updates per year on or around the first day of each quarter (January 1, April 1, July 1, October 1).  Using Client pool data, WFQA will update its database with employee identification, DOT status, and DOT agency occupation code.  Other database fields may be used in the random selection process as agreed by WFQA and Client.  Donors will be randomly selected utilizing a computerized, scientifically valid random number selection method in accordance with DOT regulations.  WFQA will provide the names of randomly selected employees for each pool in a secure manner along with certification documents pertaining to each random selection.  WFQA will also provide administrative documents, i.e., testing notification forms, Excel spreadsheets for tracking, and random status testing reports, to assist the DER and his/her staff in the random testing process.  The parties shall agree upon the specific schedule for eligible pool updates and computerized random selections.  WFQA shall provide the Client with assistance in Client’s fulfillment of its obligation to ensure minimum testing rates for both drug and alcohol tests are achieved each calendar year.
      1. Management Information System (“MIS”) Reporting.  WFQA shall provide Client with the ability to generate a draft MIS report through its Platform using the data in WFQA’s possession.  Where ordered by Client in the applicable Price Schedule, WFQA will also provide the administrative service of manually completing the MIS form.  WFQA cannot certify an MIS report; an authorized representative of the Client, such as the DER, must be the person to certify the accuracy of the data in the MIS report.  Client acknowledges and understands that it must notify WFQA prior to making a certification if it has any questions or concerns regarding the accuracy of any MIS data supplied by WFQA.
      1. Record Keeping.  To the extent such records are in its possession, WFQA will store and maintain the records enumerated in § 40.333 of Part 40 in accordance with the retention periods established by that section and in a location with controlled access.  WFQA reserves the right to store the records electronically.
      1. Confidentiality.  WFQA agrees to abide by and comply with the confidentiality and record release restrictions imposed by §§ 40.321 and 40.331.
      1. Audit Support.  In the event Client is audited by a DOT agency, and as part of its basic administrative support, WFQA will provide reasonable and customary audit support by telephone, email, secure file transfer, and fax to assist the Client in its audit preparation and response.  As used herein, the term “basic administrative support” refers to the provision of relevant data, records, documentation, and expertise.
      1. Owner-Operators.  If Client is an owner-operator as that term is used in Part 40, Client acknowledges, understands, and agrees (a) that its random pool must be combined with other employers, (b) that WFQA is the party obligated to determine whether Client has refused to submit to a test, and (c) that WFQA may, but is not obligated (i) to, decide to test the owner-operator based upon reasonable suspicion, post-accident, return-to-duty, and follow-up determination criteria and (ii) to act as an intermediary in the transmission of an SAP report from the SAP to the owner-operator.
      1. Limitations.  Client understands and acknowledges that, in its role as a service agent, certain limitations are imposed by Part 40 on WFQA’s activities, particularly as set forth in § 40.355.  Client agrees it will not seek to delegate its non-delegable duties to WFQA.
    1. Non-Regulated Employers.
      1. This section shall apply only to those clients that are operating a drug and alcohol testing program not regulated by the DOT.
      1. Role of WFQA.  WFQA shall serve as a third-party administrator to coordinate the administration of Client’s drug and alcohol testing program.
      1. Ordering of DnA Testing Services.  Client may order non-regulated DnA Testing Services by (a) scheduling a test through WFQA’s Platform, (b) utilizing on-demand “walk-in” services at pre-determined collection sites during normal business hours, (c) utilizing an emergency 24/7 call-out service for emergency testing needed after normal business hours, and (d) scheduling on-site testing at a worksite.
      1. Collections & Testing Supplies.  WFQA or its contracted vendor shall supply all specimen collection materials for drug testing and alcohol screening, including specimen bottles, Custody and Control Forms (CCF), bottle seals, and packaging.  Where applicable to the DnA Testing Service being provided, WFQA shall arrange for transportation of specimens to the testing laboratory.
        1. In the event Client chooses to order and administer “on-site” drug testing products, Client acknowledges that the only warranty applicable to such products is the manufacturer’s warranty, if any, and that such products are otherwise provided “AS IS” and subject to WFQA’s warranty disclaimers as set forth herein.
      1. Testing Process.  For Clients operating a drug and alcohol testing program not regulated by the DOT, the drug and alcohol testing service provider industry has developed certain industry standard protocols with regard to the specimen collection, cut-off and confirmation levels, drug panels, specimen retention, medical officer review protocols, and program documentation.  Although these industry standards are similar to DOT standards, they do not mirror or precisely replicate DOT protocols.  Non-regulated industry standard testing protocols differ from DOT protocols.  In the absence of an express written amendment to the Service Agreement executed by the parties specifying particular protocols, WFQA shall administer its non-regulated DnA Testing Services in accordance with these industry standards.
      1. Non-regulated MRO Services.  If a Client purchases the service of having an MRO review and verify non-negative laboratory results, Client agrees that MRO shall be vested with the authority to cancel drug test results in his or her sole discretion and Client understands and acknowledges that WFQA will defer to the MRO for final decisions on whether to verify a result as positive, negative, or to cancel the test.  Although this service is similar to DOT-regulated MRO services as set forth in Part 40, Client understands and acknowledges that the MROs will not be providing their services in strict conformity with Part 40.  If Client does not purchase MRO Services from WFQA, Client shall be solely responsible for reviewing and interpreting test results as well as for determining a course of action based on test results in a manner consistent with applicable law.
      1. Retention of Non-Regulated DnA Testing Services Data.  To the extent such records are in its possession, WFQA will store and maintain records relating to the Client’s non-regulated DnA testing program in the same manner as it stores and maintain records for DOT-regulated client, provided, however, Client understands and acknowledges that specimen collectors, clinics, laboratories, and MROs may utilize different retention periods than what is required of them under Part 40 for regulated DnA Testing Services.  As such, records, specimens, samples, and other data and material related to the testing process may not be preserved for the same period of time such items may be preserved under Part 40-regulated testing.  If Client desires specific retention periods, it must notify WFQA and the parties must agree by written amendment to the Service to such specific retention periods.
  6. Physical Examination Services.  For Clients regulated by Part 391 of the US Federal Motor Carrier Safety Regulations, WFQA will provide the administrative of service of coordinating medical examination of drivers with medical examiners listed on the FMCSA’s National Registry of Certified Medical Examiners.  WFQA shall obtain and provide to Client the completed Medical Examination Report Form, MSCA-5875.  Where selected in the applicable Price Schedule, WFQA shall provide the additional administrative service of reviewing the examination report for accuracy and completeness.
  7. Occupational Health Screening Services.
    1. For employers operating an occupational health screening program not regulated by federal law, the screening service provider industry has developed certain industry standards comprising the methods, manner, and protocols regarding how the various medical reviews and diagnostic tests are conducted.  In the absence of an express written amendment to the Service Agreement executed by the parties specifying particular protocols, WFQA shall administer its services in accordance with these industry standards.
    1. In the event Client chooses to order and administer “on-site” occupational health screening products, Client acknowledges that the only warranty applicable to such products is the manufacturer’s warranty, if any, and that such products are otherwise provided “AS IS” and subject to WFQA’s warranty disclaimers as set forth herein.
    1. Where state or Federal law classifies certain laboratory test results as reportable/communicable diseases, Client shall make all necessary reports to relevant public health authorities or other governmental agencies and shall ensure that its applicant or employee is provided with any required notification, information, or intervention.
  8. WFQA’s Compliance with the Law. In rendering DnA Testing Services and Occupational Health Screening Services to Client, WFQA agrees to comply with applicable laws and regulations, including Part 40.  Client acknowledges and understands that WFQA is neither a covered entity nor a business associate under the Administrative Data Standards promulgated by the U.S. Department of Health and Human Services, 45 C.F.R. § 160.103, and that it does not host data subject to the Health Insurance Portability and Accountability Act.
  9. Client’s Compliance with the Law.  In requesting, receiving, using, storing, and disposing of any and all testing results, Client agrees to adhere to, and comply with, all applicable federal and state law applicable to the Client and its screening programs, including, where applicable, Part 40.  Client agrees to defend, indemnify and hold WFQA harmless with respect to any and all losses, claims, suits, damages, liability, and expense incurred by WFQA, including, without limitation, reasonable attorneys’ fees, based upon, arising out, or attributable to testing policy development and implementation, wrongful disclosure, breach of confidentiality, or misuse of donor information following the release of such information by WFQA to Client.  The Client shall be responsible for lawful and appropriate use of results. 
  10. Management of Occupational Health Screening Data.  Data, records, and documents generated by Occupational Health Screening Services, including testing results and reports (collectively, “Health Screening Data”), belong to and are owned by the Client.  Unless otherwise agreed to in a written amendment to the Service Agreement, WFQA maintains copies of Health Screening Data for the convenience of the Client, and Client is the primary custodian of such data.  Client agrees to download and maintain its own copies of Health Screening Data and not to rely upon WFQA’s storage of such data.
  11. Limited Warranties.  WFQA warrants that it shall provide and perform the foregoing services in a manner consistent with applicable Federal and state laws, statutes, and regulations, and in accordance with generally accepted industry, laboratory and clinical standards.  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