Employer Resources
Employers of safety-sensitive transportation employees play a vital role in ensuring the safety of their employees and the traveling public. Employers are responsible for developing and implementing successful DOT workplace drug and alcohol programs that have clear policies, provisions for education and training, drug and alcohol testing, and, when needed, referral for evaluation and treatment.
What To Do If Your Employee Tests Positive on a DOT Alcohol and Drug Test or Receives a Refusal to Test?
Under DOT regulations, when you remove an employee from safety-sensitive duties because of a verified positive drug test, an alcohol test result of 0.04 or higher, or a refusal to test, you must provide that employee with a list of qualified Substance Abuse Professionals (SAPs) who are readily available to them. This requirement applies to every employee who has violated a DOT drug and alcohol regulation, including applicants and new hires.
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The list must include each SAP’s name, address, and telephone number. You may not charge the employee any fee for compiling or providing it.
You may provide the list directly, or you may use a Consortium/Third-Party Administrator (C/TPA) or another service agent to provide it on your behalf.
To simplify this step, we offer a one-page referral document you can download and give to any employee or applicant who has tested positive or refused a test. This document satisfies your obligation under 49 CFR Part 40.287.
Overview
Employers regulated by the U.S. Department of Transportation (DOT) must comply with 49 CFR Part 40 and the drug and alcohol testing regulations of their applicable DOT agency. The DOT’s Office of Drug and Alcohol Policy and Compliance (ODAPC) publishes Part 40 and issues official interpretations of its testing procedures for safety-sensitive transportation employees. For complete and current information, visit ODAPC’s Employer section.
What Is A DER?
49 CFR 40.3 defines the Designated Employer Representative (DER) as:
“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.”