Terms of Use & Service

These Terms of Use & Service (“Terms”) govern your access to and use of RTDStep5.com (“RTDStep5,” “we,” “us,” or “our”), including our website, communications, ordering system, Return-to-Duty testing coordination services, and related services.

By accessing this website, creating an account, submitting information, purchasing a service, or otherwise using RTDStep5.com, you acknowledge that you have read, understood, and agree to these Terms.

If you do not agree with these Terms, do not use our website or purchase our services.

1. About RTDStep5.com

RTDStep5.com provides administrative and compliance-support services related to drug and alcohol testing, with a particular focus on assisting commercial drivers, employers, and owner-operators with the Return-to-Duty (“RTD”) testing stage of the Federal Motor Carrier Safety Administration (“FMCSA”) return-to-duty process.

Depending on the service purchased and the circumstances of the customer, services may include:

• Reviewing information necessary to coordinate a Return-to-Duty test;
• Assisting with the administrative steps required before an RTD test can be completed;
• Coordinating or arranging testing through third-party collection sites, laboratories, Medical Review Officers (“MROs”), and other service providers;
• Providing testing instructions or collection-site information;
• Providing administrative assistance related to applicable FMCSA Drug and Alcohol Clearinghouse requirements;
• Providing Consortium/Third-Party Administrator (“C/TPA”) services when applicable and properly authorized; and
• Communicating with drivers, employers, Substance Abuse Professionals (“SAPs”), collection sites, laboratories, MROs, and other authorized parties as reasonably necessary to provide the purchased service.

The specific services provided depend on the service purchased, information supplied to us, applicable regulations, and the driver’s individual return-to-duty circumstances.

2. Independent Company; No Government Affiliation

RTDStep5.com is a private business.

Unless expressly stated otherwise, RTDStep5.com is not affiliated with, operated by, endorsed by, or part of the U.S. Department of Transportation (“DOT”), FMCSA, the FMCSA Drug and Alcohol Clearinghouse, or any other federal or state government agency.

References to DOT, FMCSA, the Clearinghouse, Return-to-Duty, Step 5, or applicable regulations are provided to identify the regulatory programs and requirements relevant to the services we provide.

Government forms, terminology, trademarks, or agency names remain the property of their respective owners.

3. Understanding Return-to-Duty Step 5

Purchasing services from RTDStep5.com does not, by itself, complete the federal Return-to-Duty process or immediately remove a driver’s PROHIBITED status.

Before an RTD test may occur, the driver must satisfy the applicable prerequisites established under federal regulations, including receiving a determination from a qualified SAP that the driver has successfully complied with the SAP’s recommendations and is eligible for Return-to-Duty testing.

The Return-to-Duty test must also satisfy applicable DOT and FMCSA requirements.

A driver must receive the required negative drug test result and/or qualifying alcohol test result, as applicable, before returning to DOT safety-sensitive functions.

Additional administrative and Clearinghouse requirements may also need to be completed before the driver’s Clearinghouse status changes.

4. RTDStep5.com Is Not a Substance Abuse Professional

Unless expressly stated in connection with a separately purchased service, RTDStep5.com’s Step 5 services are not SAP evaluation, treatment, counseling, or clinical services.

Purchasing Step 5 assistance does not replace any requirement to:

• Complete an initial SAP evaluation;
• Complete education or treatment recommended by the SAP;
• Complete a SAP follow-up evaluation;
• Receive a determination of successful compliance from the SAP; or
• Complete any other requirement established by the SAP or applicable federal regulations.

RTDStep5.com cannot override, modify, waive, or disregard a SAP’s determination.

If a driver has not been determined eligible for RTD testing, additional steps may be required before an RTD test can be ordered or completed.

5. Employer and C/TPA Requirements

Federal regulations assign specific responsibilities to employers during the Return-to-Duty process.

Where RTDStep5.com acts as a C/TPA on behalf of an employer, the employer may be required to properly designate or authorize RTDStep5.com before certain services can be performed.

The customer agrees to provide all information, permissions, authorizations, and Clearinghouse designations reasonably necessary for RTDStep5.com to perform the purchased services.

A driver’s payment for services does not create an employer-employee relationship between RTDStep5.com and the driver and does not make RTDStep5.com the driver’s employer.

RTDStep5.com cannot guarantee that an employer, prospective employer, government agency, or other third party will take any particular action based on a test result or completion of a regulatory step.

6. Owner-Operators

Owner-operators may be subject to additional FMCSA requirements, including requirements concerning the designation and use of a C/TPA.

Customers are responsible for accurately identifying whether they are operating as an owner-operator, employee driver, employer, prospective employer, or another type of regulated party.

Additional services, registration, authorization, or fees may be required when an owner-operator requires C/TPA services beyond the specific service originally purchased.

7. Accuracy of Information

You agree to provide complete and accurate information when using our services.

This may include your:

• Legal name;
• Date of birth;
• Contact information;
• Commercial driver’s license information;
• Employer or prospective employer information;
• SAP information;
• Clearinghouse information;
• Testing requirements;
• Violation information; and
• Other information reasonably necessary to provide the requested service.

You are responsible for reviewing information before submitting it.

RTDStep5.com is not responsible for delays, rejected orders, incorrect testing, inability to complete Clearinghouse actions, or other problems caused by inaccurate, incomplete, outdated, or misleading information supplied by the customer or another third party.

You agree to promptly notify us if information previously provided changes.

8. Eligibility for Testing

Submission of an order does not guarantee that a Return-to-Duty test can immediately be performed.

We may need to verify information concerning the driver’s eligibility, employer, SAP status, Clearinghouse requirements, or other regulatory information before an order can be processed.

We reserve the right to place an order on hold, request additional documentation, or decline to process an order when we reasonably believe that processing the requested service could conflict with applicable DOT or FMCSA requirements.

9. Collection Sites and Third-Party Providers

Drug and alcohol testing may involve independent third parties, including:

• Specimen collection sites;
• Collectors;
• Laboratories;
• Medical Review Officers;
• Breath Alcohol Technicians;
• Substance Abuse Professionals;
• Technology vendors; and
• Other testing or compliance service providers.

These providers may be independently owned and operated.

RTDStep5.com may coordinate services with these parties but does not control every aspect of their operations.

Collection-site hours, appointment availability, wait times, staffing, testing availability, laboratory processing times, and other circumstances may change without notice.

When a collection site becomes unavailable, we may attempt to locate an alternative location, but we cannot guarantee that another location will be available within a particular distance or timeframe.

10. Testing Instructions

Customers must follow all testing instructions provided by RTDStep5.com, the employer, collection site, collector, laboratory, MRO, or other authorized party.

This includes appearing at the appropriate location, presenting acceptable identification, completing the correct type of test, and complying with applicable collection procedures.

Return-to-Duty testing is subject to specific federal requirements. Failure to follow applicable procedures may cause the test to be canceled, rejected, invalidated, or otherwise not satisfy the Return-to-Duty requirement.

When another test is required because of circumstances outside RTDStep5.com’s control, additional charges may apply.

11. No Guarantee of Test Results

RTDStep5.com does not guarantee that a customer will receive a negative drug or alcohol test result.

Payment is for the service purchased and not for a particular testing outcome.

We cannot alter, suppress, substitute, manipulate, or guarantee laboratory or MRO results.

Customers may not use our services for the purpose of circumventing, manipulating, falsifying, or interfering with a federally regulated drug or alcohol testing program.

12. No Guarantee of Clearinghouse Status Change

RTDStep5.com cannot guarantee the exact date or time that a driver’s FMCSA Clearinghouse status will change.

Processing may depend on actions performed by third parties or government systems, including employers, designated C/TPAs, laboratories, MROs, SAPs, FMCSA, and the Clearinghouse.

Website outages, government-system outages, incorrect information, employer authorization issues, pending test results, MRO review, or other circumstances may delay completion.

We are not responsible for delays caused by government systems or third parties outside our reasonable control.

13. Employment Is Not Guaranteed

Completing a Return-to-Duty test or obtaining a negative test result does not guarantee employment, reinstatement, rehire, dispatch, restoration of driving privileges, or placement in a DOT safety-sensitive position.

Employment decisions are made by employers and prospective employers.

RTDStep5.com does not make employment or fitness-for-duty decisions for employers unless a specific function is expressly authorized by applicable law and included within a separately contracted service.

14. Step 6 Follow-Up Testing

Step 5 Return-to-Duty testing and Step 6 follow-up testing are separate portions of the return-to-duty process.

Completion of an RTD test does not eliminate a driver’s obligation to comply with the SAP’s follow-up testing plan.

Drivers who return to DOT safety-sensitive work may remain subject to follow-up testing requirements established by the SAP.

Unless expressly included in the service purchased, payment for Step 5 services does not include administration of a Step 6 follow-up testing program.

15. Fees and Payment

Payment is generally required before services are initiated unless another arrangement has been approved in writing.

Prices displayed on the website are subject to change.

The price charged at checkout will ordinarily control for the service purchased unless an obvious pricing error has occurred or additional services are requested.

Additional charges may apply for services outside the original order, including replacement testing orders, additional collections, specialized testing requirements, expedited services, or additional administrative services.

By submitting payment information, you represent that you are authorized to use the selected payment method and authorize us and our payment processors to process the applicable charges.

16. Refund and Cancellation Policy

Because RTDStep5.com provides administrative, compliance, and testing-coordination services that may begin shortly after an order is submitted, all sales are final once work on the purchased service has begun, except where otherwise required by law.

An order may be considered started when RTDStep5.com has taken substantive action to fulfill the order, including reviewing the driver’s case, verifying information, initiating C/TPA or employer-related processing, preparing a testing order, contacting a testing provider, coordinating a collection, or performing another material service associated with the purchase.

If cancellation is requested before work begins, RTDStep5.com may, at its discretion, issue a full or partial refund less any non-refundable processing, administrative, or third-party charges already incurred.

No refund will ordinarily be provided because:

• A driver tests positive;
• A specimen is reported as substituted, adulterated, invalid, or otherwise non-negative;
• A test is reported as a refusal;
• A customer fails to appear for testing;
• A customer does not follow testing instructions;
• A driver has not completed the required SAP process;
• A driver is not yet eligible for RTD testing;
• An employer declines to hire, rehire, or return the driver to safety-sensitive duties;
• A customer expected a Clearinghouse status change sooner than it occurred;
• A government or third-party system experiences a delay or outage; or
• The customer changes their mind after services have begun.

Nothing in this section limits rights that cannot legally be waived under applicable consumer-protection law.

17. Missed, Expired, or Unusable Testing Orders

Testing orders may contain expiration dates or other time-sensitive requirements.

Customers are responsible for completing testing within the timeframe communicated to them.

If an order expires because the customer failed to timely complete the test, a new order and additional payment may be required.

If an order must be replaced because of an error attributable solely to RTDStep5.com, we may replace the order without an additional administrative charge.

18. Communications

By providing an email address or telephone number, you authorize RTDStep5.com to communicate with you regarding your requested services.

Communications may include:

• Order confirmations;
• Requests for additional information;
• Testing instructions;
• Collection-site information;
• Appointment or deadline reminders;
• Status updates;
• Compliance-related communications;
• Customer-service messages; and
• Other transactional communications associated with your requested services.

You are responsible for maintaining accurate contact information and reviewing communications sent to you.

19. Text Messages

If you separately consent to receive SMS/text messages, you authorize RTDStep5.com to send messages to the telephone number you provide.

Message frequency may vary. Message and data rates may apply.

You may opt out of non-essential SMS communications by replying STOP. You may reply HELP for assistance.

Opting out of text messages does not eliminate your responsibility to monitor other communications concerning your testing or compliance obligations.

Consent to receive marketing text messages is not a condition of purchasing services.

20. Privacy and Confidentiality

RTDStep5.com takes reasonable measures to protect information submitted through our services.

Information may be disclosed to parties reasonably necessary to provide the requested service or satisfy applicable legal and regulatory requirements, including authorized employers, C/TPAs, SAPs, MROs, laboratories, collection sites, payment processors, technology providers, government systems, or other authorized parties.

Drug and alcohol testing information may be subject to specific federal confidentiality and disclosure requirements.

Our collection and use of personal information is further described in our Privacy Policy.

21. Website Use

You agree not to use RTDStep5.com:

• For any unlawful or fraudulent purpose;
• To submit false information;
• To impersonate another person or organization;
• To interfere with the operation or security of the website;
• To gain unauthorized access to another person’s information;
• To manipulate or circumvent drug or alcohol testing requirements;
• To submit fraudulent testing documentation;
• To interfere with a regulated testing process; or
• In any manner that violates applicable federal or state law.

We may suspend or terminate access to our services when we reasonably believe misuse, fraud, unlawful conduct, or a material violation of these Terms has occurred.

22. Educational Information Disclaimer

Information provided on RTDStep5.com concerning DOT regulations, FMCSA requirements, the Clearinghouse, drug and alcohol testing, or the Return-to-Duty process is provided for general informational purposes.

We make reasonable efforts to provide accurate information, but regulations, agency guidance, government systems, and administrative procedures may change.

Website content should not be interpreted as legal advice.

Where website information conflicts with applicable law, regulation, or controlling government guidance, the applicable law, regulation, or government requirement controls.

23. No Legal Advice

RTDStep5.com is not a law firm and does not provide legal advice.

Use of our website or services does not create an attorney-client relationship.

Customers with questions concerning legal rights, employment disputes, regulatory enforcement, license consequences, or interpretation of law should consult an appropriately qualified attorney.

24. No Circumvention of Federal Requirements

RTDStep5.com will not knowingly assist any customer in circumventing DOT or FMCSA drug and alcohol testing requirements.

We reserve the right to refuse, suspend, or terminate a service when we reasonably believe the requested action would violate federal regulations, compromise the integrity of a testing process, require submission of false information, or otherwise constitute improper conduct.

No refund is required when service is terminated because the customer intentionally supplied materially false information or requested that RTDStep5.com participate in unlawful or fraudulent conduct, except where otherwise required by law.

25. Service Availability

We do not guarantee uninterrupted access to RTDStep5.com or any third-party system used in connection with our services.

Services may occasionally be unavailable because of maintenance, technical failures, telecommunications problems, cybersecurity events, government-system outages, severe weather, collection-site closures, or circumstances outside our reasonable control.

We may modify, suspend, discontinue, or replace features or services when reasonably necessary.

26. Limitation of Liability

To the fullest extent permitted by applicable law, RTDStep5.com and its owners, officers, employees, contractors, affiliates, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to use of the website or services.

This includes, without limitation, claimed losses arising from:

• Lost employment or employment opportunities;
• Lost wages or business income;
• Missed dispatches or contracts;
• Delayed Clearinghouse status changes;
• Government-system delays;
• Collection-site closures or availability;
• Laboratory or MRO processing times;
• Actions or omissions of independent third parties; or
• A customer’s failure to comply with applicable regulatory requirements.

To the fullest extent permitted by law, RTDStep5.com’s aggregate liability arising from a particular purchased service will not exceed the amount actually paid to RTDStep5.com for the service giving rise to the claim.

Some jurisdictions do not permit certain limitations of liability, so portions of this section may not apply to you.

27. No Warranty

Services and website content are provided on an “as available” basis to the fullest extent permitted by law.

We do not warrant that the website will always be uninterrupted or error-free, that every collection location will remain available, that third parties will perform services within a specific timeframe, or that use of our services will produce a particular employment, regulatory, or Clearinghouse outcome.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

28. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless RTDStep5.com and its owners, officers, employees, contractors, and agents from claims, losses, liabilities, or expenses arising from your intentional misuse of the services, fraudulent submissions, violation of these Terms, or violation of applicable law.

This provision does not require you to indemnify RTDStep5.com for claims resulting from RTDStep5.com’s own conduct where such indemnification is prohibited by law.

29. Intellectual Property

Unless otherwise indicated, the RTDStep5.com website, branding, written content, graphics, software, service descriptions, and original materials are owned by or licensed to RTDStep5.com and are protected by applicable intellectual-property laws.

You may use the website for personal or legitimate business purposes associated with obtaining our services.

You may not reproduce, republish, sell, scrape, systematically extract, or commercially exploit substantial portions of our website without written permission.

30. Third-Party Websites

Our website may contain links to government agencies, collection sites, laboratories, payment processors, or other third-party websites.

A link does not necessarily constitute endorsement of that third party.

RTDStep5.com is not responsible for the content, privacy practices, availability, security, or policies of independently operated websites.

31. Changes to Services and Pricing

We may modify our services, procedures, fees, or service descriptions as business or regulatory requirements change.

Changes ordinarily apply prospectively and will not alter the price of a completed purchase unless the customer requests additional services or circumstances arise that require a materially different service.

32. Changes to These Terms

We may update these Terms periodically.

The “Last Updated” date at the beginning of this document identifies the most recent revision.

Updated Terms become effective when posted unless a later effective date is specified.

Continued use of RTDStep5.com after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

33. Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles, except where federal law controls or applicable law requires otherwise.

Any dispute concerning these Terms or services provided by RTDStep5.com will be subject to applicable federal law and the laws of the State of Georgia.

Nothing in these Terms prevents a consumer from exercising rights or remedies that cannot legally be waived.

34. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

An unenforceable provision will be interpreted or limited as necessary to make it enforceable while preserving its intended purpose as closely as legally permissible.

35. Entire Agreement

These Terms, together with our Privacy Policy, applicable consent forms, service-specific agreements, and any other policies expressly incorporated into a transaction, constitute the agreement between you and RTDStep5.com concerning your use of the applicable services.

If a service-specific written agreement expressly conflicts with these general Terms, the service-specific agreement will control with respect to that service.

36. Contact Information

Questions concerning these Terms or an RTDStep5.com service may be submitted through the contact information published on RTDStep5.com.

RTDStep5.com
Website: RTDStep5.com

By purchasing a service, submitting an order, creating an account, or otherwise using RTDStep5.com, you acknowledge that you have read, understood, and agree to these Terms of Use & Service.