The DER, or Designated Employer Representative, is responsible for keeping employees and the company in compliance with federal (Department of Transportation) drug and alcohol testing requirements. Over the next few months, we will highlight the DER’s responsibilities and answer any questions you may have.
To begin with, the DER must know how the drug testing process works, and they should also know how to access and become familiar with the federal regulations in the DOT’s Procedures for Transportation Workplace Drug and Alcohol Testing Programs, more commonly known as 49 CFR part 40. They should also know the specific DOT regulations that apply to the transportation agency under which their business operates, for example, the Federal Aviation Administration (FAA), the Federal Railway Administration (FRA), the Federal Transit Authority (FTA), the U.S. Coast Guard (USCG), Pipeline and Hazardous Materials Safety Administration (PHMSA), or the Federal Motor Carrier Safety Administration (FMCSA).
All DERs working in the DOT-regulated environment should periodically review and go back to 49 CFR Part 40 when they have questions. These are located on the Office of Drug and Alcohol Policy Compliance website.
As the DER, you are also required to sign up for the ODAPC ListServe to receive notices and updates from the DOT. To do this:
- Visit: www.transportation.gov/odapc/ListServe_Notices.
- Then, in response to the question “Want to receive the ODAPC List Serve Notices?” click on subscribe here and provide your email address.
This will keep you up to date with the regulations, ensure that you are aware of any changes, and give you an opportunity to comment on any proposed new regulations before they become law.
To understand the drug screening process, contact your Third Party Administrator (TPA), sign up for a training, and/ or go to your collection site and ask for a mock demonstration. Knowing what your employees go through when they are required to have a drug screen will help you be more credible to them. Your TPA can also run through the lab and MRO processes with you to further expand your understanding.
Knowledge is power, and as a DER, the more you educate yourself about the drug screening regulations and processes, the better you will be able to serve your employer and the employees and do your part in maintaining a drug-free and safe workplace