Purcell Compliance ServicesLLC, Client Service Agreement
As a client (“client,” “employer,” or “owner-operator”) of Purcell Compliance Services, LLC (“Purcell Compliance” or ”the Company”), we will provide third-party administrator (TPA) drug and alcohol screening and program management services as outlined in this agreement (“Agreement”).
I.What is a ‘TPA’?
A ‘TPA’ is a Third-Party Administrator. As it is related to employee drug testing, the TPA is the liaison between the client and the employee, collection site, laboratory, Medical Review Officer (MRO), Department of Transportation (DOT) Auditor, other employers or service providers, etc. Generally, a TPA provides specific knowledge and experience to work with employers; providing them with the tools and resources to effectively manage their drug testing programs.
II. What Can’t a TPA do?
Under DOT regulations, a TPA can’t actually “administer” certain aspects of your substance abuse program. For example, a TPA cannot participate in making a reasonable suspicion determination, participate in the donor/MRO conversation, act as a regulated company or owner-operators’ designated employer representative (DER), or remove an employee from his/her duties, etc. The employer is directly responsible for those functions. However, a TPA can consult with you, give you advice, provide compliance tools and resources, review relevant regulations with you, and generally make it easier for you to remain compliant.
While a motor carrier employer can hire various service agents or TPAs to collect specimens, conduct laboratory analyses, medically review lab results, determine test outcomes, or even administer the drug and alcohol testing program; motor carrier employers cannot abdicate all responsibility to comply with all applicable requirements and procedures of 49 CFR Part 40 and Part 382. This means that employers are responsible for all actions of employees, representatives, and agents (including service agents) in carrying out the requirements of the DOT agency regulations
CLIENT agrees that if they are no longer in operation, they will be required by FMCSA to file an MCS-150 Out of Business form which Purcell Compliance will draft and submit for a fee of $200.00 due upon receipt.
CLIENT agrees that if they employ one or more Employees or Contractors they must complete Purcell Compliance Services LLC's mandatory DOT Supervisor Training program within seven days of enrollment into Purcell Compliance Services LLC FMCSA USDOT approved Drug & Alcohol Consortium. The fee for this service is $500.00 which will include a mandatory FMCSA USDOTCDL Employer application link.
CLIENT agrees that once an FMCSA USDOT CDL employer application link is issued CLIENT must ensure any and all Company/Contract drivers use the link.