PHMSA Designated Employer Representative Training (DER)

PHMSA Designated Employer Representative Training (DER) will help learners understand the PHMSA regulations through a 2-hour online, self-paced course specifically designed for PHMSA-regulated workplaces and was developed by Attorney Andrew Easler, a subject expert in drug-free workplaces.

Learn how to balance workplace safety, employee rights, and regulatory compliance. What actions should be taken if the supervisor has not completed the reasonable suspicion course? What if the employee reported their condition to the MRO first?

Training will also introduce learners to the role and responsibilities of a Designated Employer Representative (DER) as defined by 49 CFR Parts 199 and 40 and includes examples such as managing an employee showing signs of impaired performance due to stress and medication use.

DER training for PHMSA-regulated employers will also cover:

• What it means to be a DER;
• The roles and responsibilities of a DER;
• The requirements for a DOT Program under your specified agency;
• How to manage a drug and alcohol-free workplace program for DOT-covered employees;
• The drug and alcohol testing process and how to handle problems in testing;
• Which regulations apply to your company, and how to stay in compliance;
• How to select and monitor service agents;
• Training requirements for employees and supervisors;
• Which records must be kept and for how long; and
• Best practices to avoid a poor audit result.

Upon completion, learners will have the knowledge and confidence to navigate these situations, ensure your organization's adherence to PHMSA regulations, become a successful Designated Employer Representative, and be ready to manage a compliant and safe, drug-free workplace.

The U.S. Department of Transportation (DOT) requires all covered entities, such as those under the Pipeline and Hazardous Materials Safety Administration (PHMSA), to designate a qualified Designated Employer Representative (DER). The DER has the critical role of overseeing the drug and alcohol testing program and helping employers comply with all relevant federal laws. Attorney Andrew Easler, a specialist in drug-free work environments, designed this course to provide a comprehensive understanding of the PHMSA regulations for a DER.

PHMSA Designated Employer Representative Training (DER) provides learners with the knowledge and tools to handle this crucial role effectively. The training spans two hours, offering a self-paced, online learning experience that caters directly to the unique needs of PHMSA-regulated workplaces.

Participants in this training will learn how to maintain a safe workplace environment, uphold employee rights, comply with regulations, and gain insights into managing intricate situations, such as an untrained supervisor suspecting an employee's drug use or an employee revealing a condition to a Medical Review Officer (MRO) before notifying their employer.

Learners will also understand the duties and responsibilities of a DER, as outlined by the federal regulations 49 CFR Parts 199 and 40. These guidelines lay out the standards for anti-drug and alcohol misuse prevention plans for operators of pipelines and LNG facilities. They will prepare future DERs to manage situations when an employee performs poorly because of drug and alcohol use.

Upon completion, learners will confidently navigate complicated situations and be well-equipped to implement and oversee a compliant, safe, and drug-free work environment, and may even help employers mitigate unnecessary legal issues and foster a safer, drug-free workplace.

Upon successful completion of the PHMSA Designated Employer Representative (DER) Training, learners will be able to:

• Implement and Manage a Drug and Alcohol-Free Workplace Policy: Learners will be proficient in managing a drug and alcohol-free workplace within their organization, which includes providing necessary education and training to employees, making timely and accurate decisions about when to conduct testing, and determining when a refusal has occurred.

• Comprehend Industry Terms and Protocols: Participants will demonstrate a clear understanding of key industry terms and the intricacies involved with the Department of Transportation (DOT) and PHMSA regulations.

• Demonstrate Proficiency: Successful completion of the training will be marked by students passing an online quiz with a score of 75% or higher, which will confirm their understanding of key concepts and proficiency in the practical applications of the PHMSA regulations.

• Handle Complex Scenarios: Learners will develop the skills to navigate and manage complex scenarios, such as handling suspicions of employee drug use or managing a situation where an employee discloses a condition to a Medical Review Officer before notifying their employer.

• Uphold Employee Rights and Safety: Students will learn how to maintain a safe and respectful working environment, balancing regulatory compliance with the rights of their employees.

• Compliance and Litigation Avoidance: Through this training, learners will gain the knowledge and confidence needed to maintain a compliant environment, reducing the potential for litigation and fostering a safer, drug-free workplace.