If you are a trusted office administrator, HR manager, or safety director at your company, there is a chance that you’ll walk into work one day and get told that you are now the DER – or Designated Employer Representative – for your crew.
For many, that moment comes with a bit of panic.
Resources online might outline the general responsibilities of a DER, but the day-to-day tasks of the job are not always made perfectly clear. There are many action items that employers rely on DERs for, but according to DOT Rule 49 CFR Part 40, Subpart B, the core responsibilities can be boiled down to:
- Making the Call: Determining reasonable suspicion and managing return-to-duty decisions
- Coordinating: Scheduling post-accident testing and creating follow-up testing schedules
- Communicating: Working with MROs, collection sites, and possibly the FMCSA Clearinghouse
- Enforcing: Removing employees from safety-sensitive duties and following return-to-duty protocols
It’s a high-stakes responsibility that puts an employee under personal liability for their company’s compliance, but it doesn’t come with a handbook. So how can a newly appointed DER hit the ground running?
At PTC, we know that the first few months on the job can either be overwhelming or set a strong foundation for the rest of your tenure as a DER. Here’s our breakdown on how to make the most of it.
What is a DER?
It’s not a stupid question. If you’ve been appointed as your company’s DER, understanding the role at its core is an essential first step.
DOT Rule 49 CFR Part 40.3 defines a DER as “an individual identified by the employer as able to receive communications and test results from service agents and who is authorized to take immediate actions to remove employees from safety-sensitive duties.” Put simply, the DER is the primary point of accountability when it comes to the company’s drug and alcohol testing program. DERs oversee all testing, auditing, and enforcement. They work closely with DOT service agents to maintain compliance for their crew – and when positive drug or alcohol results come back, the DER is the point of contact.
It seems straightforward enough with the right instructions, but here’s the catch: there is no federally mandated education for the role. Essentially, the person responsible for managing drug and alcohol testing programs, liaising with MROs, enforcing protocol after positive tests, and making hard calls may not even be formally trained on how to do it.
If you’ve been appointed as your company’s DER, however, it probably means that your employer knows you’re up to the task. It’s a vital role in maintaining safety in the workplace, and it requires dedication and the ability to lead. By following best-practice guidelines or by taking a good online training course, you can excel in the role.
Your First Month: Set the Foundation
Who are you working with?
First things first – get your bearings. While you might be overwhelmed, the first few weeks on the job are a great time to ask questions and establish expectations.
- Make initial contact with the service agents you’ll be communicating with. Your MRO, your Collection Site(s), your Consortium/Third-Party Administrator (C/TPA) – if you use one. Get the contact information you’ll need from the right people.
- Touch base with your crew. You’re in a new role, which means that the colleagues you eat lunch with might be the same people you have to enforce compliance protocol on down the line. Let them know what that will look like and how it may shape dynamics going forward.
- Get to know the chain of command within your organization.Talk to your employer about your role in the compliance process. Getting to know who reports to whom will ensure that process goes smoothly.
How does your testing program operate?
You probably have a general idea of how drug and alcohol testing is handled within your company but being the DER means that you’re now running the show. Eventually, you’ll get to know the operation inside and out, but during your first month it’s helpful to familiarize yourself with your current program. Focus on the following questions:
- Which DOT agency regulates our employees? PHMSA, FMCSA, FAA, FRA, FTA, USCG – or potentially several of them.
- What is our drug and alcohol testing policy? Make sure you understand how your company’s policy aligns with DOT regulations, including testing procedures, prohibited behaviors, and the steps required after a violation. You’ll be responsible for enforcing this policy, so understanding it is critical.
- What kind of testing should I prepare to handle? The DOT’s testing requirements for each employee consist of pre-employment testing, post-accident testing, reasonable suspicion testing, and random testing. Within your company, each kind of test may have its own process.
- How is our random testing pool managed? Get to know how your random testing pool is generated and updated. Identify best practices for spreading random testing dates throughout the year to avoid predictability for employees.
Your Second Month: Prepare for the Inevitable
Now that you have more of a grasp on the fundamental structures and contacts of the role, it’s time to consider the unpredictable. Much of a DER’s role relies on judgment calls and acting quick on tough decisions. While this can be intimidating to a DER who is new on the job, mentally preparing ahead of time can help in high-pressure situations. Here are a few tough scenarios that every DER should be ready for:
- Positive test results. More than likely, these will come across a DER’s desk at one point or another. As a DER, you will be in charge of facilitating conversations with the employee(s) in question and making a game-plan to enforce DOT requirements while also following your company policy. Thinking ahead about how you will approach a fellow crew member in this situation can help.
- Refusal to test. When an employee refuses testing, it’s your job to act quickly. DERs are tasked with documenting the refusal, removing the employee from safety-sensitive tasks, and reporting it all to the Drug & Alcohol Clearinghouse. Learn these steps.
- Shy bladder situations. Sometimes the testing process doesn’t go as smoothly as expected. Believe it or not, there is time-sensitive protocol for this. Employees have up to three hours and 40 oz of fluid to provide a sample – from there, the DER and the MRO must work together to move forward.
- Post-accident procedures. Again, your sense of timing as a DER is critical. DERs have a laundry list of action items they must take in the hours following an accident, and preparing for these ahead of time will save you from panic when something goes wrong. Per DOT regulations, drug tests must be completed within 32 hours and alcohol tests within 8 hours – although alcohol testing should ideally occur within 2 hours when possible.
Your Third Month: Audit-Proof Your Program
As a DER, you’re largely responsible for preparing your company to pass audits with flying colors. It sounds like a lot of pressure, but if you’re keeping up with your role on the day-to-day, you don’t have to sweat when auditors come knocking. Understanding the main things that DOT auditors are on the lookout for will help you stay prepared:
- Recordkeeping. Auditors want to know: are you documenting accidents, correspondence, and noncompliant activity? Are you maintaining these records in a secure and organized fashion? Do you keep an accurate contractor list and know who you’re overseeing?
- Reporting. Auditors want to know: are you submitting your Management Information System annual report forms (if applicable)? Are you reporting program violations to the Drug & Alcohol Clearinghouse within the required timeframe (FMCSA only)?
- Reviewing. Auditors want to know: do you understand your company testing policy and how to enforce it? Do you stay current with updated regulations and lead accordingly?
The Bottom Line
Becoming a DER often happens without warning – and without a manual. But you don’t have to figure it out alone.
At PTC, we’ve spent decades helping companies build compliant, audit-ready drug and alcohol testing programs. Our team works alongside DERs every day, answering tough questions, and helping companies just like yours stay safe and audit ready.
If you’d like help in administering your drug and alcohol testing program – let’s talk. Contact us today.
You’ve been entrusted with an important role. Let us help you own it.
