Employers should know that a critical component of any successful workplace drug and alcohol testing program, that protects the safety of your workforce and the public, is the relationship between the Designated Employer Representative (DER) and the Consortium/Third Party Administrator (TPA).
When a DER and a C/TPA like TSS have a positive working relationship, where both are knowledgeable about their roles, easily accessible to one another and communicate well with one another, chances are that your drug and alcohol testing program will run smoothly. That means those who need to be tested are tested when they should be, documentation is in order, and the reporting process happens as it should. The DER and the C/TPA are there to ensure compliance with the regulations that apply to your industry, local and state laws and your company policy.
DER Duties
The DER is typically the TPA’s main contact at a given entity (business, township, etc.), and is authorized by the employer to receive and discuss drug screen results.
The specific responsibilities of the DER are outlined in 49 CFR part 40:
- Manage the company drug and alcohol screening program
- Act as liaison for drug and alcohol testing service agents
- Stay informed of test results
- Perform functions necessary according to the test results, such as removing employees from safety-sensitive duties, making decisions regarding testing and evaluations, receiving test results, reporting test results to state/local authorities as needed, following company policy regarding consequences of positive drug tests, and maintaining compliance with DOT regulations.
As the liaison for everyone who is involved in the drug screening program, the DER works to ensure that the testing and reporting process moves along as smoothly as possible. This can mean dealing with a resistant employee or making sure that the employer has hired qualified service providers for testing.
TPA Duties
The C/TPA’s responsibilities are largely administrative – involving monitoring of the drug and alcohol testing process, documentation, record collection and record maintenance – so that all required steps are completed for employer compliance.
In the Department of Transportation (DOT) regulated space, the C/TPA will manage random testing consortiums for small businesses – randomly selecting employees for testing from the testing pools.
As a service agent, the C/TPA is not the Designated Employer Representative. They cannot perform all duties performed by the DER except in certain situations where the employer has provided written permission or when the C/TPA is providing services with an owner-operator.
Working together
At TSS we rely on the DER to ensure that we have accurate records regarding the employees who are required to be in the testing pool. To help the TPA do its job, the DER is responsible for ensuring that the records are always updated and that individuals who are no longer performing safety-sensitive duties or have left the company are removed from the testing pool as soon as possible.
It is helpful when the DER and C/TPA can put in place consistent processes for keeping in touch. For example, we recommend that DERs have standard operating procedures for notifying the TPA when an employee is on leave for more than 30 days or has left the company. It is also important for the DER and the TPA to have clear agreements with the TPA about pre-employment testing and test reporting. TSS and the DERs in our consortium must work together closely to provide high-level management of the testing protocols. This protects the donor and the company.
It is crucial that as TPAs we can easily access the DER throughout the day to help us do our job. A good DER knows the employees they work with, who needs to be tested and when, and is familiar with their company drug and alcohol testing policy. Good communication between the DER and the TPA is especially crucial when there is a positive test or a testing irregularity so that the reporting process can remain on track and an employee with a violation is quickly removed from their safety-sensitive duties.
As a C/TPA, we at TSS consider it our responsibility to have a thorough knowledge of the testing process so that we can be the experts for our clients. With training and experience, we can help clients navigate complexities like testing across state lines, knowing how to expedite the process when a test has been stuck at the lab for too long or understanding which regulations to follow. When the DER is also well-trained (contact TSS for DER training opportunities) and open to learning from us, it’s a win-win for the employer, employees and workplace safety!