What is a DER?

Drug and Alcohol Testing, FMCSA / By

Professional businesswoman standing in officeWhat is a DER?  Are you a DER?

DER means Designated Employer Representative. Employers who are mandated to be in a drug and alcohol testing programs appoint someone to be the DER. The DER then receives test results and arranges testing. This is detailed in 49CFR Part 40.3.

Designated employer representative (DER). An employee authorized by the employer to take immediate action(s) to remove employees from safety-sensitive duties, or cause employees to be removed from these covered duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer, consistent with the requirements of this part. Service agents cannot act as DERs.

The DER must receive training according to regulation  382.603. because the DER is authorized to take immediate action to remove employees from safety-sensitive duties in the case of drug or alcohol issues.

Each employer shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. The training will be used by the supervisors to determine whether reasonable suspicion exists to require a driver to undergo testing under § 382.307. The training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. Recurrent training for supervisory personnel is not required.

Compliance Associates, Inc. as a consortium services provider, has a great deal of contact with the DER. We send them random test notices, test results, discuss employee issuers regarding drug and alcohol use and keep them informed of any changes to drug and alcohol regulations

If you or your DER needs training, contact us through this website to register for our next class.