Last updated : March 3, 2025
Small business owners operating a drug-free workplace and employing the general workforce often handle the employee drug testing program themselves. They could be known as the company’s Designated Employer Representative (DER). The Department of Transportation (DOT) created the title for that position as part of its drug testing protocol.
The DOT oversees employers of the safety-sensitive workforce, thereby, keeping our nation’s roadways a safe place to travel for all. Safety-sensitive employers agree to abide by many rules and regulations to comply with the department. Failure to do so equates to hefty fines and other penalties.
The DOT requires every company employing a safety-sensitive workforce to have at least one Designated Employer Representative (DER). This person is responsible for adhering to regulations regarding the employee drug and alcohol testing program. Someone who owns a small trucking company or is a self-employed trucker may act as the company DER as well.
The Code of Federal Regulations (CFR) Title 49 Part 40 contains the Procedures for Transportation Workplace Drug and Alcohol Testing Programs. It defines the DER as responsible for the drug and alcohol testing program. Therefore, the DER is in charge of all necessary decisions made regarding the drug testing process. For example, if notified of a positive drug test result, the DER immediately removes the employee from all safety-sensitive duties.
Explaining the position
Many large companies hire a specific person to fill the DER position. It carries a lot of responsibility. However, some smaller companies have someone in human resources (HR) handle the job if the business owner doesn’t take on the responsibility themselves.
In addition to overseeing the employee drug and alcohol program, the DER acts as company liaison too. They maintain the relationship between the company and DOT-regulated Service Agents. Collectors, breath alcohol technicians (BATs) and screening test technicians (STTs), laboratories, Medical Review Officers (MROs), and substance abuse professionals (SAPs) all fall under that umbrella. If the company partners with a consortium or third-party agency (C/TPA) to manage random drug testing they work with the DER.
Overall DER responsibilities
- Responsible for administering the Drug and Alcohol Program
- Acting as the liaison with other drug and alcohol testing service agents
- Makes immediate decisions regarding the testing process—i.e. a case regarding Reasonable Suspicion
- Determines tests to be administered
- Receives results of every test administered
- Carries out actions according to DOT regulations regarding employee test results—positive or negative
- Removes employees from safety-sensitive duties when necessary
- Reports negative test results to the FMCSA Clearinghouse—unless this step is handled by the C/TPA
The DOT’s drug testing process is extremely detailed. It outlines all requirements in the DOT regulations for drug and alcohol testing (49 CFR Part 40). Training courses are available for DERs and include understanding drug testing terminology, specific modal regulations, and all procedures for workplace drug testing programs.
Required DOT drug tests
The DOT requires that all potential employees undergo a background check for any previous drug or alcohol convictions or penalties. Discovering that information is as easy as logging into the Federal Motor Carrier Safety Administration’s (FMCSA’s) Drug and Alcohol Clearinghouse. If a clear report is received, then, the employee must pass a pre-employment drug test. When employer’s receive a negative result, they can start logging road time.
During training, the DER learns how to handle positive or negative test results. Here are the other instances when the DOT requires a drug test.
Random drug testing
The employer enters all employees’ names into a pool. How many names are drawn periodically throughout the year depends on the number of employees. The employees must report for a drug test within a set amount of time after notification.
Post Accident drug testing
Any driver who causes or is involved in an accident while on the clock must take an immediate drug test.
Reasonable Suspicion drug testing
After documenting the suspected activity, a supervisor can request an immediate drug test. The employee must comply.
Return-to-duty drug testing
Drivers who complete the customized rehabilitation process and are ready to re-enter the safety-sensitive workforce must pass a drug test. A pre-determined number of random tests follow.
It’s a big responsibility
DERs care about the safety of everyone on the road. We all want to arrive at our destinations safely. Doing their best to ensure that drivers who deliver our goods and provide services that keep our nation along are drug-free proves they care and we salute them.
