This letter establishes an agreement between [_______________________] (“Employer”) and goMDnow (“Service Provider”) for the administration of Step 5 and Step 6 i.e., Return-to-Duty (RTD) drug testing and Follow-Up drug testing in compliance with the U.S. Department of Transportation (DOT) regulations, 49 CFR Part 40 after a drug test violation.

1. Scope of Services

1.1 Return-to-Duty (RTD) Testing

• The Service Provider agrees to conduct RTD testing as required under 49 CFR § 40.305 for drivers who have completed Steps 1-4, i.e., Substance Abuse Professional (SAP) evaluation and treatment process.
• RTD testing must be conducted using direct observation collection procedures, as outlined in 49 CFR § 40.67, ensuring integrity and accuracy.
• Testing shall be performed at a SAMHSA-certified laboratory, and MRO reviewed results will be provided to the Employer securely and confidentially.

1.2 Follow-Up Testing

• The Service Provider shall conduct Step 6 Follow-Up drug testing for drivers under the Follow-Up Testing Plan established by the SAP, per 49 CFR § 40.307, after the driver tests negative for the RTD Drug Test.
• Follow-up testing shall occur unannounced at a frequency determined by the SAP throughout one to five years, as required.
• The Service Provider will ensure that Steps 5 and 6 of the DOT drug testing process (49 CFR §§ 40.73 and 40.97) are strictly followed, guaranteeing accurate specimen analysis and reporting.

2. Compliance & Confidentiality

• The Service Provider shall ensure compliance with 49 CFR § 40.199, maintaining proper recordkeeping and confidentiality of test results and reporting it to the FMCSA Clearinghouse.
• The Employer and Service Provider shall adhere to 49 CFR § 40.321 to protect the privacy of employees and ensure secure transmission of drug test results.
• All drug testing shall be conducted using certified laboratories and qualified personnel, as required under federal regulations.

3. Terms & Conditions

• Compensation: The driver agrees and is responsible for the cost of all drug tests and the enrollment fee.
• Termination Clause: This agreement will be terminated upon receiving a positive drug test result or refusal of the DOT Drug test.
• Dispute Resolution: Any disputes arising from this agreement shall be resolved through mediation or arbitration per applicable DOT regulations.

By signing below, I authorize goMDnow as an independent CTPA to conduct RTD and follow-up drug testing, report results to the FMCSA Clearinghouse, and coordinate with the SAP for the testing plan. I also authorize my driver to independently engage goMDnow for all DOT-required testing.