Designated Employer Representative (DER)

DOT Regulated employers need to have a Designated Employer Representative (DER). The responsibilities of the DER are:

  • Compliance with 49 CFR Part 40
  • Responsible for administering the Drug and Alcohol Program
  • The Liaison with drug and alcohol testing service agents
  • The DER is informed of every test and its result
  • The DER receives test results and other communications for the employer
  • Receives test results and other communications for the employer
  • The DER performs the functions necessary according to the results of the tests and are authorized by employer to take immediate action(s), to remove employees from safety sensitive duties, to make necessary decisions in the testing and evaluation process

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 drug and alcohol testing programs.

  • Federal Motor Carrier Safety Administration (FMCSA) – 49 CFR Part 382
  • Federal Aviation Administration (FAA) – 14 CFR Part 120
  • Federal Railroad Administration(FRA) – 49 CFR Part 219
  • Federal Transit Administration (FTA) – 49 CFR Part 655
  • Pipeline and Hazardous Materials Safety Administration (PHMSA) – 49 CFR Part 199
  • S. Coast Guard (USCG) – 46 CFR Parts 4 and 16

DERs are responsible to select service providers for their drug free work place programs. A Service Agent is any person or vendor used outside your company to help implement the DOT requirements for drug/alcohol testing program. These service agents in the program include: Policy Consultant, Collection site, Urine Collector, BAT or STT, Lab, Trainer, MRO, SAP, and C/TPA.