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The
term of this agreement will be the date the agreement is
signed until December 31 of the same year.
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Provider
will assist Carrier in the development of a controlled
substance & alcohol misuse policy consistent with the
Federal Regulations 49 CFR Part 382 effective January 1,
1996.
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Provider
will contract with qualified collection sites of the Carrier's choice who agree to perform
collection services for free, and Medical Review Officer (MRO),
and will provide necessary training and certification for
Carrier's collection site in accordance with 49 CFR Part
382 of the Department of Transportation (DOT) Code of
Federal Regulations. Provider will assume responsibility for providing
collection sites with all necessary forms, collection
materials, shipping materials, and instructions for proper
collection, handling and shipment. Should Carrier decide to have an independent
collection site perform donor specimen collection, it is
the sole responsibility of the Carrier to ensure all
additional expenses for services performed outside of
National Safety Compliance, Inc. as well as chain of
custody liability until such time as the specimen reaches
a SAMHSA Certified Laboratory.
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Provider
will be responsible for all transportation costs of the
urine specimen by overnight courier service to a SAMHSA
certified laboratory.
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Provider
will contract directly with the SAMHSA certified
laboratory to provide drug testing services according to
and in compliance with applicable Department of
Transportation regulations. Provider will establish a "no test"
policy with said SAMHSA certified laboratory to ensure
that no specimen will be tested if the Chain of Custody
and Control Form should be incomplete, inadequate, or
should the integrity of the chain of custody be in
question.
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Provider
will arrange to receive and will receive drug test results
electronically from said SAMHSA certified laboratory.
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Provider
will store all negative laboratory results for a minimum
of one (1) year, and all positive laboratory results will
be stored for a minimum of five (5) years, or as required
by Federal Regulations.
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Provider
will validate and report to Carrier all true positive
results in accordance with nationally accepted standards
of medical judgement, to the extent that said standards
are consistent with the Department of Health and Human
Services Guidelines, and the Carrier's controlled
substance & alcohol misuse policy. Provider will refer all drivers who test positive
to an Employee Assistance Program (EAP) for assistance
with substance abuse.
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Provider
will report to Carrier all negatives, all false positive,
and all invalid or inconclusive test results as negative
in accordance with Department of Health and Human Services
and Guidelines.
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Provider
will conduct alcohol misuse testing for Carrier in
accordance with Federal Regulations 49 CFR Part 382. Provider will refer all donors who test positive
for alcohol misuse to a Substance Abuse Professional
(SAP). All
results will be reported to carrier as soon as practicable
following testing. Provider
will store all negative results for alcohol testing as
stated in section (7) of this contract.
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Provider
will be responsible for maintenance of the "Random
Testing" program in accordance with the Department of
Transportation, and Federal Highway Administration
Guidelines. On
a periodic basis to be determined jointly by Provider and
Carrier, Provider will generate a random sampling of
drivers and/or terminal locations. Carrier will provide MRO with employee database for
generation of said random selections. Provider will random test for controlled substances at a rate
of 50% the first year and 50% the consecutive years, at a minimum. Provider
will also random test for alcohol misuse at a rate of 10%
the first year and 10% the consecutive year, at a minimum.
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Provider
will provide an electronic reporting protocol, for
reporting results, and other pertinent information to
Carrier in a timely manner. Provider will further provide Carrier with monthly and annual
summary reports as required by law.
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Provider
agrees to be reasonably available for expert witness
testimony and opinions as is reasonably required by
Carrier or Carrier's legal counsel.
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Provider
will coordinate and administer Carrier's Blind Performance
Testing Program for Quality Assurance of Carrier's SAMHSA
certified laboratory, in accordance with 49 CFR Part 40.
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Carrier
agrees to make payment to Provider within THIRTY (30) days
of the date of invoice.
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Carrier
agrees to hold Provider harmless for any of the following
reasons: For
errors or omissions, negligence on the part of the
Carrier, or actions taken by the Carrier not in accordance
with Federal Regulations, or Carrier's Controlled
Substance & Alcohol
Abuse Policy.
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Provider
agrees to indemnify and hold Carrier harmless for any of
the following reasons: errors or omissions, negligence on the part of
Provider, or actions taken by Provider not in accordance
with Federal Regulations, or Carrier's Controlled
Substance & Alcohol Abuse Policy.
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Carrier
agrees that provider will be its sole and exclusive
provider of services specified in this agreement and that
the Provider has set the fees and conditions in reliance
of said exclusively. In the event of a default on the part of Carrier;
Carrier will be invoiced for educational services and
other services rendered based in Providers customary fees
for services.
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This
agreement is governed by the Laws of the State of
California.
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The
provisions of this agreement are severable. The invalidation of any provision of this agreement
deemed invalid in any proceeding, shall not invalidate any
other provision of this agreement.
