DER

Every company covered by Department of Transportation regulations that employs safety-sensitive employees must have one (or more) Designated Employer Representative(s) (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.

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.

Every company covered by DOT 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.