Last updated 06/11/21

InOut Labs may update this Agreement from time to time without notice to you. You can review the most current version of the Agreement at any time on the InOut Labs website. Your continued usage of InOut Labs services will mean you accept those changes.

Limited Queries

As stipulated in FMCSA rule §382.701 Drug and Alcohol Clearinghouse In lieu of a full query, an employer may obtain the individual driver’s consent to conduct a limited query to satisfy the annual query requirement. The limited query will tell the employer whether there is information about the individual driver in the Clearinghouse but will not release that information to the employer. The individual driver may give consent to conduct limited queries that are effective for more than one year.

If the limited query shows that information exists in the Clearinghouse about the individual driver, the employer must conduct a full query, within 24 hours of conducting the limited query. If the employer fails to conduct a full query within 24 hours, the employer must not allow the driver to continue to perform any safety-sensitive function until the employer conducts the full query and the results confirm that the driver’s Clearinghouse record contains no prohibitions. The driver needs to register in the Clearinghouse and provide consent in the Clearinghouse for the full query to be fulfilled. If the driver fails to register and consent for the full query, the employer must not allow the driver to continue to perform any safety-sensitive function until the employer is able to conduct the full query and the results confirm that the driver’s Clearinghouse record contains no prohibitions.

Drivers that do not intend to apply for employment with any other company in another safety-sensitive function and also have no drug or alcohol violations; do not need to register in the Clearinghouse.

You must be registered in the Clearinghouse and have selected InOut Labs as your C/TPA

InOut Labs can only conduct queries if we are designated as your C/TPA. You are able to designate a C/TPA when you register or, you can register without designating a C/TPA and add a C/TPA later. You can change whom you designate as a C/TPA at any time. We are not permitted to register for you.

If you are an Owner Operator you must select a C/TPA in the system before your registration is complete

If you do not select InOut Labs as your C/TPA, we will not be able to perform these services for you. We will make a reasonable number of attempts by email and phone to encourage you to register and select InOut Labs as your C/TPA. If you do not register and select InOut Labs as your C/TPA, we cannot deliver Clearinghouse services for you accept all responsibility for non-compliance. Fees are non-refundable.

You must have enough queries in your account

We recommend you purchase a minimum of (#Drivers + #Annual New Hires + a few extras). Queries cost $1.25 each and do not expire. The cost of queries is in addition to our services as described above. We are not permitted to purchase queries for you. Employers must purchase. We recommend Owner Operators purchase at least 5.

If you do not have enough queries in your account, we will notify you once by email and once by phone. If we do not receive a response we cannot complete the queries for you. If we cannot complete the queries, you accept all responsibility for non-compliance and any fees paid to InOut Labs for Clearinghouse Services are non-refundable.

You must secure General Consent from each driver to be included in the Annual Limited Query

This is a requirement. Our clients will be provided a standard form upon request. You must also obtain and provide to us the necessary personal information to accurately populate the Employer FMCSA Clearinghouse Annual Query Spreadsheet. This is provided to clients on request.

You certify that you have obtained all required consents from drivers

We will provide you with a general consent form. We don’t need copies of completed forms, but you have to keep them in your records.

Driver Training

You agree to provide basic training to your CDL Drivers on their Clearinghouse obligations and obtain from each CDL Drivers an FMCSA Clearinghouse CDL Driver Acknowledgment of Training Materials. Sample form will be provided to clients upon request.

Employee Clearinghouse Training and Confidentiality Agreement

You agree to provide basic training to your staff who will have Clearinghouse access on behalf of the Employer on your Clearinghouse obligations and will obtain a written FMCSA Clearinghouse Access Confidentiality Access Agreement and Acknowledgement. A sample Confidentiality Form will be provided to clients upon request.

Reporting Violations

In order for InOut Labs to make reports to the Clearinghouse on your behalf, you agree to present to InOut Labs “evidence” in the form of an affidavit or declaration, using forms provided by InOut Labs for this purpose. If you are requesting that we report to the Clearinghouse a Driver Refusal or Actual Knowledge, or Alcohol Violation, you agree to submit a scan or photo of the completed Alcohol Testing Form along with any other evidence of the violation such as video, photographs, statements in a format acceptable to InOut Labs. Reporting violations have serious implications for all involved, so documentation is critical. We will provide sample forms you may use for this purpose.

You also agree to provide the Driver with a copy of the violation information which you seek to report to the Clearinghouse for the driver to sign and give the Driver an opportunity to respond prior to reporting a violation to the Clearinghouse if it all possible.

InOut Labs reserves the right to make the final determination based on the information you present as to whether we will report such to the Clearinghouse; in the event, we decline to make the report, we will provide timely notice of such to you along with the Employer’s obligation to make a timely Clearinghouse Report.

Cooperation

InOut Labs will make reports to the Clearinghouse in a timely manner, conditioned upon your providing the necessary information to us, in a form acceptable to us, in a timely manner.

The parties agree to work in cooperation to fulfill their respective Clearinghouse obligations in a timely and professional manner, so as to reduce the risk of errors and to treat the Drivers in a respectful and dignified manner.

Both parties agree to mutually indemnify the other for their own acts of gross negligence. Specifically, the Employer agrees to fully indemnify and defend InOut Labs in the event the Employer makes a report to InOut Labs, and InOut Labs, in turn, makes a report to the Clearinghouse on behalf of the Employer, relying on such Employer information, of a driver violation which is ultimately determined by the FMCSA to be false or inaccurate, or should have known to be false or inaccurate, where InOut Labs relied upon the Employer’s representation that it had adequate evidence to substantiate the claimed Driver violation.

You remain ultimately responsible

InOut Labs will act as your Service Agent. That means we are acting on your behalf. But it’s still your responsibility, so you are trusting us. What this means is that you, the Employer, continue to remain ultimately responsible in accordance with the Final Rule for the reporting of Driver violations and other Clearinghouse employer designated reporting responsibilities, 49 CFR Part 382.705.

Renewals

Membership in an InOut Labs FMCSA random testing program is required. If you renew your random testing program/consortium membership and keep InOut Labs as your designated C/TPA in the Clearinghouse, we will invoice you at the same time we renew your consortium membership. See General Terms and Conditions for Drug Testing for details.