THE COMPANY IS RESPONSIBLE - FOR COMPLIANCE WITH DRUG AND ALCOHOL TESTING !!

THE DER 

Designated Employer Representative (DER) individual or individuals  at  company responsible for the maintaince and daily operation of the companies DOT substances of abuse testing program.

• The DER must be an employee of the company.
• The DER Must know and understand the company DOT drug and alcohol testing policy
• The DER has the authority to immediately remove a covered employee from performing safety sensitive duties.
• The DER works directly with the Medical Review Officer (MRO), the Substance Abuse Professional (SAP),   collection agents and Third party administrators(TPA) on behalf of the company.
• The DER duties include responding to collection and alcohol  test issues in a timely and professional manor.
•  The DER is responsible for causing problem situations to be resolved quickly.
• The DER's contact information must be available to all Service Agents(SA).
• The DER is responsible for the maintaince and compliance of the company random and blind specimen DOT requirements.
• There is no required training or certification to be a Designated Employer Representative for your company.
• A service agent (SA) cannot be the company DER (Ex- TPA,LAB,MRO cannot be a DER).The DER must be a direct employee of the company.
• The DER name is listed in your company policy. 
• The DER and company administraors  must have a working knowledge of their policy so that they can perform within the policy directives.
• If an employee or applicant provides a cold specimen or attempts to adulterate their specimen an observed collection is immediately required.  If the collector is not the same sex as the donor and an observed collection is required the collector will reach out to the DER for assistance.
• The collector will contact the DER if a donor needs to return to the collection site to complete the collection process.  (Ex: donor failed to sign Custody & Control Form). The DER must provide immediate assistance by having the donor report back to the location without additional delay.
• A company can have more then one DER – (companies with multiple locations can have one or more DER's assigned to each location.

Fines & Penalties

0. Company DOT "Substances of Abuse" Policy
   
   The company is required to have a Company Policy that addresses all DOT Drug and Alcohol regulations.
0. Generic or boiler plate policies are available but not suggested. 
0. If your DOT substances of abuse policy is a part of  your company policy,  Company and DOT information must be identified clearly. Company pilicy must not be representative of Federal testing requirements.
0. Your  company policy will be reviewed during a DOT safety audit.
0. All covered employees are required to sign a statement stateing that they have had access to the company substances of abuse testing policy.  The auditor may ask to see one or all of theese signed statements.  This document as well as all related DOT substances of abuse  test documentation must be kept in a security area with restricted limited key access.
0. The DOT drug and alcohol policy must at a minimum include the 12 DOT requirements found in part 40.
0. The DOT policy must define the consequences of a positive test result for both prospective and current DOT covered persons.
0. The policy must allow for adjustment as required by federal regulatory changes and must be updated accordingly.
0. The DER and company administraors  must have a working knowledge of their policy so that they can perform within the policy directives.
   
   FMCSA Exception
   
   The FMCSA has an admission of use, prior to testing provision. If this section has been adopted as part of your company policy, even though no testing has been conducted, the employee will be removed from their covered duties and is subject to RTD (return to duty) protocol.  If your company has included the admission option  the company cannot take any adverse action (ex: termination or leave without pay) against the individual other then removal from the safety sensitive position.

THE COMPANY IS RESPONSIBLE - FOR COMPLIANCE WITH DRUG AND ALCOHOL TESTING !!