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?
In accordance with DOT Regulations, if you've had to remove an employee from safety-sensitive duties due to a positive drug or alcohol test or refusal to test, it is essential to provide comprehensive support. You are required to furnish each employee, including applicants and new hires, who have violated a DOT drug and alcohol regulation with a list of readily available and approved Substance Abuse Professionals (SAPs). This list should include the names, addresses, and telephone numbers of these SAPs. Importantly, you cannot charge the employee any fee for compiling or providing this list.
You have the flexibility to provide this list directly, engage a Consortium/Third-Party Administrator (C/TPA), or utilize another authorized service agent for this purpose. To make this process easier for you, we offer a one-page referral document that you can download and provide to employees and applicants who have tested positive or received a refusal to test. This referral document fulfills your responsibilities as outlined in 49 CFR Part 40.287.
DOT regulated employers must comply with 49 CFR Part 40 and applicable DOT Agency regulations. The DOT's Office of Drug and Alcohol Policy & Compliance (ODAPC) publishes regulations and provides official interpretations on drug and alcohol testing and procedures for safety-sensitive transportation employees. For complete and up-to-date information, please visit ODAPC's Employer Section.
What Is A DER?
As defined in 49 CFR Part 40, the Designated Employer Representative (DER) is 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.