Drug & Alcohol Consortium

Designated Employer Representative

The Designated Employer Representative (DER) has many responsibilities required by the Federal regulations. As the DER, you will receive monthly information showing any employees selected for random testing.

A DER must be assigned to each employer, and will serve as the employer’s contact for all information associated with the testing process. Each employer should have multiple people (at least two) who can serve as DER.

It is the DER’s responsibility to establish the appropriate timeline for an employee’s arrival at a collection site. The DER may not announce the testing day or time ahead of time to the employee chosen for testing.

The DER is the employee authorized by the employer to take immediate action to remove employees from safety-sensitive duties and to make required decisions in testing. The DER receives test results and other communications for the employer, consistent with the requirements of 49 CFR Part 40.

In addition to the above responsibilities, the DER is the liaison with drug and alcohol testing service agents. (ie, MRO, SAP, A WorkSAFE Service, Inc., AWC).

Certain recordkeeping requirements are required of the DER. The DER must:

  • Obtain the employer copy of the Custody and Control Form
  • Obtain the employer copy of the Alcohol Testing Form
  • Obtain the MRO report of verified test results
  • Obtain the Substance Abuse Professional (SAP) evaluations
  • Maintain all training materials for a minimum of two years (best practice: keep forever), which will include attendance rosters, training presentation materials, dates and times of training, and any certifications

The name and telephone number of the DER must be provided to all service agents. In turn, the service agent must contact the DER about any problems or issues that may arise during the testing process.

Access the Designated Employer Representative form. This form requests primary and secondary contact information. When updating information, please forward your completed form to your AWC staff. Remember to always keep the D&A Consortium up-to-date with your contact information.

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