• Companies can contract with a consortium/third-party administrator to outsource the administrative functions of DOT drug and alcohol testing program compliance.

Some companies perform Department of Transportation (DOT) recordkeeping and random selections themselves. Others may not have the in-house expertise or the available manpower to administer the program as effectively as the company would like and opt to outsource. Management will have to weigh the pros and cons of outsourcing the administrative functions before entering into a contract with a consortium/third-party administrator (C/TPA).

A C/TPA is one common method of reducing an employer’s administrative challenges and associated costs of managing a testing program.

C/TPAs are entities that provide testing services required by the regulations and that act on behalf of the employers. C/TPAs can provide an array of contracted services that otherwise would have to be arranged by the employer. Examples include education and training, specimen collection, laboratory analysis, and medical review officer services.

C/TPA Clearinghouse services

C/TPAs can be used to fulfill employer roles in the Drug and Alcohol Clearinghouse. Tasks include reporting:

• Pre-employment, annual, and follow-on driver queries
• Specific drug and alcohol violations that are the employer’’s responsibilities
• Negative return-to-duty drug and alcohol tests
• Completed follow-up testing programs

C/TPAs offering such services must be registered with the Clearinghouse.

Consider the following three-step approach when appointing a C/TPA to help with Clearinghouse duties.

1. Confirm services: Not every C/TPA offers Clearinghouse services. That’s why it’s important to speak with your service provider about available options.

You can use the Clearinghouse search function in your dashboard to find C/TPAs. The search will bring up names based on the number of letters you key in.

If you see similar names, be sure to confirm you have selected the appropriate party. If the provider’s name doesn’t appear, you will have to verify with the C/TPA that they registered. They must be registered to appear on the list.

If you confirm that your C/TPA offers Clearinghouse services, note that designating them in your Clearinghouse account doesn’t automatically mean they will assume the role. Your contract must specify which of the employer’s roles the vendor will assume, pricing, and the like.

And just like any other outsourcing, the motor carrier remains the regulated entity who is responsible for compliance and will be held accountable for any errors made by the agent.

2. Designate the C/TPA in your account. If you are creating a new Clearinghouse account, you will be prompted to designate, if applicable, a C/TPA during the registration process.

If your carrier decides to use a C/TPA after creating a Clearinghouse account, you can go directly to your carrier’s dashboard, find Manage, and click on C/TPAs.

From there, you’ll need to search the list of C/TPAs already registered in the Clearinghouse. Both the new registration prompt and the Manage icon will bring you to the same search box.

You can designate more than one C/TPA depending on the role. For example, one vendor might be contracted to request your queries, while another that runs your testing program might report violations and return-to-duty information. When you select a C/TPA, you simply check which functions they are authorized to perform.

Once you save your choices, a request is sent to the C/TPA(s). Your dashboard has a status for each C/TPA selected — Pending, Active, or Rejected.

• Pending means you sent the request, but the C/TPA has not responded yet. If you want to rescind the request before acceptance, you select Revoke Access.
• Active means your designation request was accepted. If you end the contract, you can easily Revoke Access to prohibit access to your account.
• Rejected means the C/TPA declined your request. This might occur if you don’t have an account for the service with the C/TPA or an incorrect C/TPA was selected who has no business relationship with your carrier. You can remove this C/TPA from your list through Revoke Access.

3. Begin services. After a C/TPA accepts the designation, they will be in an Active status. They have access to your account, and your carrier will appear with their other clients in a dropdown in their Clearinghouse dashboard.

The C/TPA will have access to enter information on your drivers and/or request queries. Motor carriers subject to FMCSA testing regulations must purchase a query bundle to pay for query requests. The C/TPA can’t purchase the queries since the account must be tied to a motor carrier. The carrier’s prepaid bundle will deduct each query the C/TPA makes on behalf of the carrier.

Both the C/TPA and carrier will have access to the carrier’s account based on the designation, and it will be removed if the carrier removes authorization.

C/TPA random selection services

The C/TPA may also manage the DOT random selection on behalf of the motor carrier. For the motor carrier with relatively few commercial driver’s license (CDL) drivers, the carrier may contract to have the drivers placed in a random selection representing multiple employers. The consortium model allows for a greater pool from which to select names.

Note that owner-operators and other one-driver operations must be placed in a consortium since the Federal Motor Carrier Safety Administration requires a random pool consisting of two or more persons according to 382.103(b).