PLEASE READ THESE DRUG & OCCUPATIONAL HEALTH SCREENING SERVICES TERMS & CONDITIONS CAREFULLY. BY SIGNING AN END USER AGREEMENT REFERENCING THIS DOCUMENT, OR USING THE SERVICES DESCRIBED IN THE END USER AGREEMENT OR THESE TERMS AND CONDITIONS, YOU ARE ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS STATED HEREIN.
These Terms & Conditions govern the purchase, receipt, and use of all drug and occupational health screening services (“Services”) performed by Global Radar Acquisition LLC, a Delaware limited liability company with its principal place of business at 9530 Marketplace Boulevard, Suite 301, Fort Myers, Florida, and Employment Screening Services LLC, an Alabama limited liability company with its principal place of business at 2700 Corporate Drive, Suite 100, Birmingham, Alabama (collectively, “GHRR,” “us,” “we,” or “our” as the case may be). When purchasing, receiving, and using these Services, you are bound by these Terms & Conditions and your continued use or access to GHRR’s web portal indicate your continued acceptance of the same.
Section One: DOT-regulated Employers.
1.1 The following terms shall apply to those Customers that are employers regulated by the United States Department of Transportation and that request regulated Services from GHRR: GHRR shall function as a Third-Party Administrator as that term is defined in Part 40 of Title 49 of the Code of Federal Regulations. Customer authorizes GHRR to act an intermediary in the transmission of drug and alcohol testing information from the medical review officer (“MRO”) or the breath alcohol technician (“BAT”) to Customer, with the exception of positive alcohol results which will come directly from the BAT. Customer shall be responsible for obtaining and maintaining all records it is obligated to keep under any federal or state regulations, including, but not limited to, those requirements set forth in 49 C.F.R. § 40.333. For Customers using GHRR’s random testing services, GHRR may terminate Customer from the random testing pool for failure to follow the random pool procedures and guidelines. An electronic written notice of noncompliance giving Customer an opportunity to comply with random pool procedures and guidelines will be provided. Once Customer is removed from the random testing pool, GHRR may notify DOT that it no longer manages the random testing program for Customer. A reinstatement fee may be applied before Customer is permitted to reenter the random testing program once all compliance is verified. Customer understands and acknowledges that GHRR does not retain or store documents and information required to be retained by employers under Part 40 and that it is the responsibility of Customer to download and store any information or documents it is required to preserve under federal or state regulations.
1.2 Customer acknowledges and understands that certain regulations promulgated by the Substance Abuse and Mental Health Services Administration, Department of Transportation, United States Nuclear Regulatory Commission, and other federal or state agencies may require employers to use MROs in the execution of their substance abuse drug testing program, and Customer is solely responsible for notifying GHRR that it is so regulated and for purchasing Services needed to comply with said regulations.
Section Two: Nonregulated Employers.
2.1 Drug & Alcohol Testing. For Customers operating a drug and alcohol testing program not regulated by federal law, the drug and alcohol testing service provider industry has developed certain industry standard protocols pertaining to specimen collection, cutoff levels, specimen retention, MRO protocols, and program documentation. In the absence of an express written Statement of Work executed by the Parties specifying particular protocols, GHRR shall administer its services in accordance with these industry standards.
2.1.1 If a Customer purchases the service of having MROs review and verify nonnegative laboratory results, Customer agrees that the MRO shall be vested with the authority to cancel drug test results in their sole discretion and Customer understands and acknowledges that GHRR will defer to the MRO for final decisions on whether to verify a result as positive or negative or cancel the test. Although this service is similar to Department of Transportation—regulated MRO services as set forth in Part 40 of Title 49 of the Code of Federal Regulations, Customer understands and acknowledges that the MROs will not be providing their services in conformity with Part 40. If Customer does not purchase MRO Services from GHRR, Customer shall be solely responsible for reviewing and interpreting test results as well as for determining a course of action based on test results in a manner consistent with applicable law.
2.2 Occupational Screening. For employers operating an occupational screening program not regulated by federal law, the occupational screening service provider industry has developed certain industry standards comprising the methods, manner, and protocols pertaining to how the various medical reviews and diagnostic tests are conducted. In the absence of an express written Statement of Work executed by the Parties specifying particular protocols, GHRR shall administer its services in accordance with these industry standards.
Section Three: On-site Services. In the event Customer chooses to order and administer “on-site” occupational testing or screening products, Customer acknowledges that the only warranty applicable to such products is the manufacturer’s warranty, if any, and that such products are otherwise provided “AS IS” and subject to GHRR’s warranty disclaimers as set forth herein.
Section Four: Reportable/Communicable Diseases. Where state or federal law classifies certain laboratory test results as reportable/communicable diseases, Customer shall make all necessary reports to relevant public health authorities or other governmental agencies and shall ensure that its applicant or employee is provided with any required notification, information, or intervention.
Section Five: Data.
5.1 As between Customer and GHRR, GHRR shall own the data, information, files, documents, and images input into or uploaded to GHRR’s Web Application System (hereinafter, “Drug & Health Data”), provided, however, that GHRR assigns to Customer a limited, perpetual, license to use Drug & Health Data for the purpose for which it was originally furnished. Customer acknowledges and understands that GHRR is neither a covered entity nor a business associate under the Administrative Data Standards promulgated by the U.S. Department of Health and Human Services, 45 C.F.R. § 160.103, and that it does not host data subject to the Health Insurance Portability and Accountability Act.
5.2 GHRR, in its sole and absolute discretion, may delete Drug & Health Data and related documents in accordance with its internal retention and deletion policy. Customer understands and acknowledges that (i) GHRR does not retain Drug & Health Data or associated documents on Customer’s behalf for any period of time; (ii) should Customer desire to maintain its own archival copy of Drug & Health Data and related documents, it must download the data as it is received; and (iii) a technology fee will be charged to Customer, should it request a mass export of archival data. Customer is not eligible for a mass export if it has an outstanding, past-due balance.
5.3 If Customer’s account is suspended due to nonpayment, Customer’s access to GHRR’s web portal will be deactivated and Customer will not retain access to the Drug & Health Data.
Section Six: Limited Warranty & Remedy. GHRR warrants that it shall provide and perform the Services in a manner consistent with applicable federal and state laws, statutes, and regulations, and in accordance with generally accepted laboratory and clinical standards. This limited warranty is in lieu of all other warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. The amount of damages recoverable by Customer for any breach by GHRR of these Terms & Conditions, or for any liability or damages arising therefrom, or related thereto, whether in the performance of Services or otherwise, whether asserted by a third party or sustained directly by Customer, will not exceed, in the aggregate, an amount equal to the charges incurred by Customer for drug and health screening services during the six-month period before the occurrence of the first event giving rise to any such liability, and such recovery is Customer’s sole and exclusive remedy hereunder.
Section Seven: Indemnification. Customer shall defend, indemnify and hold GHRR, its officers, employees, agents, and subcontractors, harmless of and from any and every loss, demand, claim, damage, lawsuit filed or judgment obtained by any employee, agent or independent contractor of Customer, or by any governmental agency, arising out of, or otherwise related to, any contention or claim that the provision of Services by GHRR to Customer violates the Americans with Disabilities Act, other Equal Opportunity Employment laws, common law or constitutional rights of privacy, or any violation of common law or state or federal statutory employment rights, including rights against wrongful discharge. Said indemnity shall include all reasonable costs of defense, including attorneys’ fees.
Section Eight: Use of Services. Customer understands that GHRR cannot, and will not, provide legal or employment-related advice to Customer regarding the use of the Services.
Last Updated ~ 06/15/2021.