As an employer, managing a drug and alcohol testing program is an important part of maintaining a safe work environment. This involves appointing a Designated Employer Representative (DER) to oversee the program and ensure compliance with federal regulations.
What is a Designated Employer Representative?
A Designated Employer Representative (DER) is an employee within the workplace or an employer itself who is responsible for managing the company's drug and alcohol testing program. The DER has the authority to make decisions during the testing process, receive the results of drug and alcohol screening, and handle any necessary next steps.
They also handle the necessary next steps if a test comes back positive or an employee refuses to take a test. The employer authorizes the DER to take immediate action, including removing an employee from a safety-sensitive position.
Apart from managing the testing program, the DER also acts as the point of contact between the company and drug and alcohol testing service providers such as third-party administration (TPAs), collection centers, laboratories, and medical review officers (MROs).
Who must appoint a DER?
The need for a DER is not limited to a particular industry or organization size. Companies that are regulated by the Department of Transportation (DOT) are required by law to have a DER in place to manage their drug and alcohol testing program. This includes employers in the aviation, trucking, and railroad industries.
However, even if an organization is not required by law to have a DER, having one in place can help protect employees, customers, and the public by promoting a safe and healthy work environment.
Can an employer appoint any TPA as DER?
Employers aren't allowed to hire or allocate DER duties to any individual other than employees.
Designated Employer Representative (DER) plays a crucial role in promoting a safe and healthy work environment through effective management of drug and alcohol testing programs.
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