Join our DOT drug and alcohol consortium

1. Parties and purpose

This agreement is between Evergreen Comply, LLC ("Evergreen") and the motor carrier or owner-operator that signs up ("Member").

• Evergreen is a consortium/third-party administrator (C/TPA) under 49 CFR Part 40, Subpart Q. It runs the Evergreen Comply FMCSA Drug & Alcohol Testing Consortium.
• The Member joins the consortium's random testing pool and uses Evergreen to administer parts of its DOT drug and alcohol program under 49 CFR Part 382.
• The Member remains the employer. It stays responsible for its own compliance, including anything Evergreen does on its behalf (§40.15; §40.355). The one exception: once an owner-operator designates Evergreen in the Clearinghouse, Evergreen is responsible for its Clearinghouse reports (§382.705(c)).
• If this agreement and a DOT rule ever conflict, the DOT rule controls.

2. Definitions

Terms used in 49 CFR Parts 40 and 382 have the same meaning here. In particular:

• Covered driver: a driver who holds a CDL or CLP and performs safety-sensitive functions for the Member (§382.103; §382.107).
• DER (designated employer representative): the person the Member names to receive test results and remove drivers from duty (§40.3). An owner-operator is its own DER.
• Owner-operator: an employer that is also its only covered driver (§382.103(b)).
• Random pool: the consortium's single FMCSA pool of covered drivers from all members (§382.305(j)(2)).
• Clearinghouse: the FMCSA Drug and Alcohol Clearinghouse (§382.701–§382.727).
• MRO: the Medical Review Officer who verifies drug test results (Part 40, Subpart G).
• Report-by time: the time by which a notified owner-operator must arrive at the collection site (Exhibit A).
• Portal: Evergreen's member website at platform.evergreencomply.com.

3. Services Evergreen provides

Evergreen will:

1. Place the Member's covered drivers in the consortium random pool and draw selections at least quarterly, at or above FMCSA's minimum annual rates (currently 50% drug, 10% alcohol) (§382.305).
2. Use a scientifically valid, documented random method that gives every driver in the pool an equal chance in each draw.
3. Tell the Member's DER of each selection through a secure link. For an owner-operator, Evergreen contacts the driver directly (Exhibit A).
4. Arrange each test through its provider network: collection sites, a DHHS-certified laboratory, an MRO and breath alcohol technicians. Random tests are included in the membership; other tests are billed separately (Exhibit B).
5. Keep records of the pool, each draw, each selection and its outcome. Give them to the Member, and to DOT through the Member, within 2 business days of a request (§40.349; §382.401).
6. Issue a certificate of enrollment while the membership is active.
7. For an owner-operator, report to the Clearinghouse the violations Evergreen must report (Section 5).
8. Provide the consortium data the Member needs for an annual MIS report if DOT asks for one (§382.403).

Evergreen will never act as the Member's DER, make a return-to-duty decision, or determine a refusal except an owner-operator's failure to appear (Exhibit A) (§40.355).

4. Member responsibilities

The Member will:

1. Name a DER with a phone number and email address, reachable during business hours, and keep that contact information current in the portal.
2. Keep the roster accurate: enroll every covered driver, remove drivers who leave within 5 business days, and confirm the roster before each draw when Evergreen asks.
3. Make sure each new covered driver has a verified negative pre-employment drug test before performing safety-sensitive functions, or documents the exception in §382.301(b).
4. Register in the Clearinghouse, buy its own query plan, and run a full query before hiring a driver and a limited query on each driver every year (§382.701).
5. When told of a selection, send the driver to the collection site right away. Alcohol tests happen only just before, during or just after safety-sensitive work (§382.305(l)–(m)).
6. Remove a driver from safety-sensitive functions at once after a verified positive, an alcohol result of 0.04 or higher, or a refusal. An alcohol result of 0.02 to 0.039 means at least 24 hours off duty (§382.505).
7. Adopt a written policy on drug and alcohol misuse, give it to each driver, and keep each driver's signed receipt (§382.601). Evergreen provides a template.
8. Make sure anyone it designates to supervise drivers completes 60 minutes of drug and 60 minutes of alcohol reasonable-suspicion training (§382.603). An owner-operator with no other drivers is exempt.
9. Keep its own required records and give Evergreen accurate information.
10. Pay the fees in Exhibit B.

5. Clearinghouse designation and reporting authorization

An owner-operator must designate a C/TPA in the Clearinghouse (§382.705(b)(6)). It designates Evergreen Comply, LLC within 5 business days of joining and authorizes it to report violations and return-to-duty information. Evergreen accepts the request in the Clearinghouse and records the date in the portal.

• Reporting: the owner-operator authorizes Evergreen to report its violations that §382.705(b) requires: alcohol results of 0.04 or higher, refusals the MRO does not determine, negative return-to-duty results, completed follow-up testing, and actual-knowledge violations. Evergreen reports by the close of the third business day after it learns of them.
• Queries: a designated Evergreen may run Clearinghouse queries for the Member using the Member's own query plan, with the driver's consent (§382.703).
• Carriers: a carrier may designate Evergreen for queries. Evergreen reports violations for a carrier only if the carrier asks in writing.
• Removing the designation: if the Member removes it, Evergreen can no longer query or report for it. An owner-operator must then designate another C/TPA right away.

6. Owner-operator terms

An owner-operator is both the employer and the driver. These terms apply on top of the rest of this agreement:

• The owner-operator acts as its own DER. Evergreen never does (§40.355(k)).
• Evergreen tells the owner-operator of a selection directly, by phone first. The owner-operator keeps its phone and email current and answers Evergreen's calls.
• Exhibit A is part of this agreement. It explains notification, the report-by time and what counts as a refusal. The owner-operator signs it separately at signup.
• If the owner-operator fails to appear for a test Evergreen scheduled, without a legitimate reason, Evergreen may determine a refusal (§40.355(j)(1)) and report it to the Clearinghouse.
• After a violation, Evergreen helps arrange the SAP referral and schedules return-to-duty and follow-up tests. It makes no return-to-duty decision.

7. Fees and payment

The Member pays the yearly membership fee for each covered driver at signup and at each renewal. Random tests are included; other tests are billed after each test (Exhibit B).

• Evergreen gives 30 days’ notice before a price change takes effect at the next renewal.
• Drivers added during the year join the pool at the next draw and are billed at the yearly rate from the next renewal.
• After 15 days’ written notice of an unpaid invoice, Evergreen may suspend the membership. A suspended member’s drivers leave the random pool, and Evergreen issues no certificate.
• Evergreen never withholds records or test results over unpaid fees (§40.349; §40.355).
• Membership fees already paid are not refunded, including for any unused part of a membership year.

8. Term, termination and records transfer

This is a yearly agreement. The membership runs 12 months from signup and renews automatically, one year at a time. The Member may cancel at any time: its drivers stay covered through the end of the year already paid, and the membership then ends without renewing.

• Evergreen may decline to renew with 30 days’ written notice before the renewal date, and may end the membership at once for fraud, a material breach, or repeated refusal to cooperate with testing.
• Evergreen may also suspend the membership when a draw is due and the Member's roster has not been confirmed since the previous draw, its DER's name or phone is missing, or a driver's records do not show whether the driver belongs in the pool. This lets the draw go ahead for the other members. Evergreen tells the Member and lifts the suspension once the problem is fixed. A suspended member's drivers leave the random pool, and Evergreen issues no certificate.
• On the end date the Member's drivers leave the random pool and the certificate stops being valid. The Member must join another program before its drivers perform safety-sensitive functions again. An owner-operator must also designate a new C/TPA.
• On request, Evergreen transfers the Member's records right away to the Member or to any other service agent it names (§40.349(f)). Evergreen keeps its own copies for the periods in §382.401.

9. Confidentiality and release of information

Evergreen keeps individual test information confidential and releases it only as Part 40, Subpart P allows (§40.321).

• It may go to the Member's DER, the driver (on request), DOT agencies and the NTSB, and anyone the driver authorizes in a specific written consent; beyond that, only where the law requires it.
• Evergreen uses Member and driver data only to provide these services. Test documents are visible only to Evergreen staff.
• Evergreen tells the Member promptly if it learns of unauthorized access to the Member's records.
• Evergreen may use statistics that identify no member or driver, such as consortium-wide testing rates.

10. Liability, indemnity and insurance

Each side is responsible for its own acts and omissions, including any DOT penalty its own failure causes.

• Evergreen carries errors-and-omissions insurance and gives the Member a certificate on request.
• The Member covers Evergreen for claims caused by the Member's failure to meet its duties, for example letting a removed driver keep driving. Evergreen covers the Member for claims caused by Evergreen's negligent failure to provide the services.
• Except for gross negligence or willful misconduct, Evergreen's total liability is limited to the fees the Member paid in the prior 12 months. Neither side is liable for indirect or consequential damages.
• Nothing in this agreement asks a driver to sign a consent, release, waiver or indemnity for any part of the testing process (§40.355(a)).
• Evergreen's templates and guidance help the Member comply. They are not legal advice.

11. General terms

• The Member accepts by checking the box and typing its name. Both sides agree this is a binding signature under the federal E-SIGN Act.
• Evergreen sends notices to the account email on file. The Member sends notices to support@evergreencomply.com.
• Evergreen may update this agreement with 30 days’ email notice. A change required by a new DOT rule may take effect sooner. Staying a member after the effective date accepts the change.
• The laws of the State of California govern this agreement.
• This agreement, with Exhibits A and B, is the whole agreement. If a part is unenforceable, the rest still applies. The Member may not assign it without Evergreen's written consent.

Exhibit A: Owner-operator notification and refusal policy

When you are selected, go to the collection site immediately. Failing to appear by the report-by time without a legitimate reason is a refusal to test.

1. Evergreen calls you first. It may also text or email the site and your collection authorization.
2. The clock starts only when Evergreen actually reaches you: you answer the call, acknowledge the message, or are told in person. Evergreen logs every attempt.
3. Evergreen names the site and a report-by time: your travel time plus about 30 minutes. A longer time is allowed only for a documented reason.
4. If the site cannot test you, for example it is closed, call Evergreen at once for another site. Do not leave without calling.
5. Alcohol tests happen only just before, during or just after safety-sensitive work. If you are off duty, tell Evergreen. Travel to the site counts as on-duty time.
6. A refusal (§40.191; §40.261) includes not appearing by the report-by time, leaving the site before the test is complete, refusing an observed collection, not cooperating, or an MRO finding of adulteration or substitution.
7. Legitimate reasons include a documented medical emergency. Send proof, such as hospital or EMS records. Evergreen decides and records its reasons.
8. A refusal is treated like a positive test. You must stop safety-sensitive work at once, Evergreen reports it to the Clearinghouse within 3 business days, and you need the SAP return-to-duty process before driving again.

By signing, you confirm you have received and read this policy.

Exhibit B: Fee schedule

• Membership: $129 per covered driver per year. An owner-operator is one driver.
• Included: every random drug and alcohol test the Member’s drivers are selected for.
• Billed separately: pre-employment tests, post-accident and reasonable-suspicion tests, return-to-duty and follow-up tests. A DOT drug test is $69; an alcohol test is billed at the collection site’s price.
• After-hours or on-site collection fees charged by the collection site are passed through at cost.
• SAP evaluations and any education or treatment the SAP requires are not included. They are paid directly to the SAP, by the driver unless the Member chooses to pay. Evergreen gives the SAP list free of charge (§40.287).
• Clearinghouse query fees are paid to FMCSA.

Membership is charged at signup and each renewal. Tests billed separately, including return-to-duty and follow-up tests, are invoiced to the Member after each test.