DER - Designated Employer Representative

  • Your DER helps manage your drug-free workplace program.
  • We offer a computer-based online training program.
  • DOT agencies also require you to have a DER.

Every company covered by Department of Transportation regulations that employs safety-sensitive employees must have one (or more) Designated Employer Representative (DER). A DER is also necessary for any non-DOT employer who has someone managing their drug testing program. This person is typically from the human resources or safety department. It can also be the owner of the company or a vice president.

FAQs
What is a Designated Employer Representative?

According to 49 CFR part 40, the DER is an employee authorized by the employer to take immediate action to remove employees from safety-sensitive duties, cause employees to be removed from these covered duties, or make required decisions in the testing and evaluation processes. Some people have asked, "Can the employer himself or herself act as a Designated Employer Representative (DER), as opposed to appointing another employee to play this role?" The answer to this is that the employer (for example, the owner of a small business) may act personally as the DER. The employer may also appoint an employee or employees to play this role. The DER must exercise his or her authority to remove an employee from safety sensitive functions either directly or by causing the employee to be removed from performing these functions, by having the employee’s supervisor effect the actual removal. However, The employer may not delegate the DER role to a service agent. Only the employer or an actual employee of the employer may perform this function. Also, The Department of Transportation will not authorize a “DER-for-hire” concept. An example of this would be a person under contract by several companies to serve as their DER. For more information, contact US Drug Test Centers today!

What drug testing management responsibilities does the DER or Designated Employer Representative Have?

A Designated Employer Representative or DER is an employee or supervisor within your business that is responsible for overseeing your drug and alcohol testing program, as well as the employees that are subject to testing. Some of the many responsibilites of a DER include scheduling drug and/or alcohol testing and receiving the results of the drug and/or alcohol tests as well as intepreting those results. If the result is required to be reported to any agency or any state or federal authorities, the DER is required to do so. If a drug or alcohol test comes back positive, an employee refuses to take a drug or alcohol test, or an employee is suspected to be using an illicit drug or alcohol substance, the DER will be responsible for handling the next steps. US Drug Test Centers specializes in training DERs on their role and primary responsibilites in the drug and alcohol testing industry, including providing DER online training, reasonable suspicion online training, custom drug-free workplace policy manual creation, and much more. For more information, contact US Drug Test Centers today!

Is there training available for new DERs?

That's where we come in! US Drug Test Centers provides comprehensive training to help aid Designated Employer Representatives or DERs in their role. Being a DER is a very important job and requires extensive knowledge and education of drug and alcohol testing rules and regulations, especially for a business operating under the Department of Transportation (DOT). We will ensure you understand the necessary processes to stay compliant with all DOT regulations, including the duties and responsibilities you have as a DER.

What is a Designated Employer Representative?

The answer lies in the DOT drug and alcohol testing program and regulation 49 CFR Part 40. The DER is the person responsible within the workplace for the drug and alcohol testing program. The DER is the employee at the company authorized by the employer to take immediate action to remove employees from safety-sensitive duties, to make decisions required in the testing process, and to receive test results. The DER typically runs the DOT drug and alcohol testing program at the company.

The DER's overall responsibilities include:

  • Managing the company's alcohol and DER drug testing program/DER DOT drug testing
  • Acting as the liaison for drug and alcohol testing service agents (TPA, C/TPA, collection sites, labs, MROs, SAPs, EAP program)
  • Staying informed of every test and its result
  • Performing the functions necessary according to the results of the tests and taking immediate action, including:
    • Removing employees from safety-sensitive duties
    • Making necessary decisions in the testing and evaluation process
    • Receiving test results and other communications for the employer
    • Report test results to the agency and/or state local authorities, if necessary
    • Following company policy regarding the consequences of a positive test result or refusal to test
    • Maintain compliance with 49 CFR Part 40 and agency compliance

The role of the DER and DER drug testing cannot be outsourced. DOT states the employer may not delegate the DER DOT drug testing role to a service agent. Only the employer or an actual employee of the employer may perform this function. DOT will also not authorize a "DER-for-hire" concept (e.g., a person under contract by several companies to serve as their DER).

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Questions about training your DER? Want to order a drug test? Call 866-566-0261 or order your test online today!

Why Should an Employer Have a DER?

This is an important position. First off, it's required by DOT. It's also critical to have a responsible person to manage the drug testing program. Employers are responsible for developing and implementing successful workplace drug and alcohol programs with the following components:

  • Clear policies
  • Provisions for education and training
  • Drug and alcohol testing
  • When needed, referral for evaluation and treatment

DER Training

US Drug Test Centers offers training programs for DERs to learn how to do their jobs. This is a unique responsibility and training is critical. A computer-based online training program is available so you can receive training from the comfort of your office. A computer with internet access is all that's needed.

designated employer representative training

The training courses for DERs provide the DER with a thorough education of his or her duties as outlined in the Department of Transportation (DOT) regulations for drug and alcohol testing (49 CFR Part 40). The course helps you understand drug testing terminology, specific modal regulations, and their procedures for workplace testing programs.

Call 866-566-0261 today to discuss your options for DER training.

DERs for DOT-Regulated Agencies

In each of the DOT-regulated agencies or modes of transportation, there must be a Designated Employer Representative or DER. The regulated modes listed below all require DOT drug and alcohol testing programs.

DERs are responsible for selecting service providers for their drug-free workplace programs. A service agent is any person or vendor used outside your company to help implement the DOT requirements for a drug and alcohol testing program. These service agents in the program include:

  • Policy consultant
  • Collection site
  • Urine collector
  • BAT or STT
  • Lab
  • Trainer
  • Medical Review Officer (MRO)
  • SAP
  • C/TPA

For expert assistance with your drug testing program and with DER training, call US Drug Test Centers today at 866-566-0261.

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