The Designated Employer Representative (DER): A Key to DOT Compliance

Abby Willroth is a NAADAC-qualified Substance Abuse Professional located in Central Arkansas. "If you have questions pertaining to DOT Alcohol & Drug Testing Regulation, the Role of an SAP or the Return-To-Duty process, ASK A SAP!"

If you’re a DOT-regulated employer and don’t know who your Designated Employer Representative (DER) is, you’re not just uninformed—you may be out of compliance.

As a qualified Substance Abuse Professional (SAP), I regularly contact employers to coordinate Return-to-Duty (RTD) processes for employees who’ve violated the DOT drug and alcohol testing regulations. One of my first questions is always:

"May I speak with the DER?"

You’d be surprised how often the response is confusion, silence, or worse:

• "What’s a DER?"

• "I think that’s someone in HR."

• "We don’t have one."

• "Ma'am, I have no earthly idea what you're asking me."

Let’s clear this up once and for all: the DER is not optional. It’s a federally required role outlined under 49 CFR Part 40, the regulatory framework for DOT drug and alcohol testing programs.

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. According to the DOT, the Designated Employer Representative is an employee authorized by the employer to:

• Authorized to take immediate action to remove employees from safety-sensitive duties when necessary

• Responsible for making decisions related to drug and alcohol testing and the evaluation process

• The primary point of contact for receiving test results and confidential communications from service agents

• The administrator of the company's DOT Drug and Alcohol Program

• The liaison between the employer and all drug and alcohol testing service agents (e.g., collectors, labs, MROs, SAPs)

  
  

The DER must be informed of every test and its result and must be ready to act according to the outcome. This means having the authority—and the understanding—to follow federal procedures and timelines.

Importantly, service agents such as TPAs, MROs, and SAPs cannot serve as the DER. It must be someone internal—a real employee of the company who has the authority and understanding to act.

Why This Role Matters

The DER is the central figure in your company's DOT compliance structure. Without a DER:

• There's no one to act on test results or violations

• The return-to-duty process can’t move forward

• Your company may fail to meet time-sensitive requirements

• You risk regulatory penalties or failed audits

Common DER Misunderstandings

Many employers mistakenly believe that drug testing vendors or consortiums fill this role. Others delegate it informally to HR or safety managers—without informing them of their responsibilities. Worse, in my daily work, I’m often transferred from the front desk to HR to safety to payroll—and still no one knows who the DER is.

Proactive Steps Employers Can Take:

1. Formally designate a DER in writing.

2. Train your DER on the responsibilities outlined in 49 CFR Part 40.

3. Educate your staff so that anyone who answers the phone knows who the DER is.

4. Work with your TPA, EAP, or SAP to ensure your DER can be easily reached for communication.

Final Thoughts

This isn’t just about compliance. It’s about safety, accountability, and professionalism. DOT-regulated companies have a responsibility to ensure their policies and people are in place and functioning. That starts with knowing your DER. If you're not sure who your DER is—it's time to find out.

Helpful resources for specific DOT agencies and USCG regulations include:

• FAA – Federal Aviation Administration – 14 CFR Part 120

• FMCSA – Federal Motor Carrier Safety Administration – 49 CFR Part 382

• FRA – Federal Railroad Administration – 49 CFR Part 219

• FTA – Federal Transit Administration – 49 CFR Part 655

• PHMSA – Pipeline and Hazardous Materials Safety Administration – 49 CFR Part 199

• USCG – US Coast Guard [Department of Homeland Security] – 46 CFR Parts 4 & 16

Factoid: Designated Employer Representative (DER)’ is referenced 105 times in 49 CFR Part 40—but it remains one of the most misunderstood & unrecognized roles in DOT compliance.

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