D.O.T. Drug & Alcohol
Testing Management Agreement

This Consortium Agreement ("Agreement") is made and effective between The Oschmann Organization, Inc. ("Consortium") and Company ("Member").

• Purpose

  Consortium and Member enter into this Agreement for the purpose of meeting the requirements for a Random Drug & Alcohol Testing Program as ordered by the Department of Transportation regulations.

• Definitions Covered Services: Those services provided to Member to include the following:
  • Notification to Member of safety sensitive employee(s) selected for random drug and/or alcohol test
  • Random drug test fees (Laboratory, Collection at contracted facility during normal business hours, & MRO)
  • Random alcohol test fees (Screening & Confirmation at contracted facility during normal business hours)
  • Reminder service to Member's D.E.R. of employees that have not submitted to random testing
  • Semi-Annual statistical report as mandated by 49 CFR Part 40.111
  • Preparation of Annual MIS Report in compliance with applicable mode's regulations

  Fee for Service: Those services which are not benefits under Covered Services are the financial responsibility of the Member.
  Medical Review Officer (MRO): Means a licensed physician responsible for receiving laboratory results generated by an employer's drug testing program.
  Program Requirements: Means conditions established in this agreement and followed by participants in order to receive covered services.

• Obligations

  • Consortium will provide or arrange for the provisions of Covered Services to Member.
  • Consortium will provide random drug and alcohol testing and all necessary documentation and notification.
  • Consortium will provide Covered Services at contracted facilities
  • The Member will provide policy and procedures regarding drug & alcohol testing in the workplace. Member will provide updated lists of covered employees.
  • Member will maintain files consistent with program compliance and assign a company drug & alcohol representative to work with Consortium.
  • Member agrees that all drug and alcohol tests be handled and managed by Consortium for Member's employees. Should the Member have an employee tested outside of the Consortium, the Member will forward all results to the Consortium within 48 hours of receipt.
  • Member agrees to pay all testing and collection fees directly to Consortium
  • Member agrees that Consortium acts as an intermediary to transmit drug and alcohol testing information from the MRO to the Member in accordance with 49 CFR Part 40.345(a).
  • Member agrees that should they not perform tests as requested, follow the Consortium procedures, or violate this Agreement the Member can be expelled from the Consortium. Should the Member be expelled from the Consortium the Member may be reported to the applicable Department of Transportation agency for non-compliance as required by law.

• Fees

• Compliance with Department of Transportation (D.O.T) Regulations

  Both Consortium and Member agree to be bound by and comply with all provisions of applicable state and federal laws and regulations.




• Term

  The term of this Agreement shall commence on the effective date of this Agreement and shall continue in full force and effect for a period of one year. This Agreement will automatically renew each year unless Consortium receives 30-day written notification of cancellation by Member.




• Company Designated Employer Representative (D.E.R.)

  The following individual(s) is/are designated the Primary representative for the Member. Should Member wish to change representatives please supply those names to the Consortium in writing.

• Reporting Method of Results

  Member prefers that results be reported out

• Does Member Need A DOT Drug & Alcohol Testing Policy?

• Employees Subject to Testing

  The following employees have been enrolled. Member and Consortium understand that these employees may be changed at any time. Member agrees that fees will be assessed for increased employee positions on a prorated basis to the next anniversary date:

• Notices

  Any notice required by this Agreement or given in connection with it shall be given to appropriate party in person, by phone, mail, facsimile, or any recognized delivery service.

  If to Consortium:
  1037 South Alvernon Way
  Suite 150
  Tucson, AZ 85711
  tel: 520-745-1029
  fax: 520-745-1187
  
  If to Member:
  

• Hold Harmless & Indemnification

  Company agrees to hold harmless and indemnify Consortium for any claims made by Company, Company's employee, or former employee of Company claiming an alleged improper, illegal, and/or unauthorized disclosure(s) was made by Consortium to Company or on Company's behalf pursuant to the requirements of this Agreement.

  Company agrees to hold harmless and indemnify Consortium for any and all claims made by Company's employees rising out of or in conjunction with any erroneous, incorrect, and/or incomplete information Company is required to provide to Consortium under this agreement.

• Final Agreement

  This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.

  All sales final.

• Governing Law

  This Agreement shall be construed and enforced in accordance with the laws of the State of Arizona.

  All parties to this Agreement agree that any and all claims of breach of contract arising under or out of this Agreement shall be fully and finally settled by mandatory binding arbitration under the rules promulgated by the American Arbitration Association. Such mandatory binding arbitration will be held in the city of Tucson, Arizona. Costs for binding arbitration itself will be split equally between the parties. All parties will bear their own attorney fees. All decisions of arbitrator are binding, final, and enforceable in any court of competent jurisdiction.