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What are the roles and responsibilities of a DER?

The Designated Employer Representative, often referred to as DER, is pivotal in maintaining a workplace that is both safe and adheres to regulations. Their role covers a broad spectrum of duties, each vital to the smooth operation of drug and alcohol testing programs:

  1. Overseeing Drug and Alcohol Testing: The DER is not just responsible for ensuring drug and alcohol tests are conducted. They must also verify that these tests are carried out in strict accordance with the set standards and procedures. This means scheduling tests, ensuring proper collection methods are followed, and verifying the integrity of the testing process.

  2. Making Decisions on Testing Results: The DER doesn't just passively receive results. If an employee produces a positive result or refuses a test, the DER must determine the next course of action. This can range from counseling, disciplinary actions, or even termination, all in line with the company's internal policies and federal guidelines.

  3. Managing Records: Record-keeping isn't just about filing away results. It's about ensuring these records are organized, accessible, and complete. This record-keeping is essential for compliance and as a safeguard during potential audits, inspections, or legal proceedings.

  4. Ensuring Confidentiality: With sensitive information at their fingertips, a DER must be the epitome of discretion. They must ensure test results and related records are kept confidential and shared only with those who have a legitimate need to know. This prevents potential misuse of information and protects employees' rights.

  5. Liaising with Service Agents: Communication is key. The DER acts as a bridge between the company and external entities involved in testing. This can include labs that analyze samples, substance abuse professionals providing counseling, and other service agents facilitating the testing process.

  6. Staying Updated: The world of regulations is ever-evolving. A DER must be proactive in staying informed about changes in federal guidelines, industry best practices, and emerging trends. This ensures the company's testing program remains both effective and compliant.

A DER serves as both guardian and guide, ensuring the organization navigates the complexities of drug and alcohol testing with precision and integrity.

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We are an education company, not a law firm. While Attorney Trusted and reviewed, regulations may have changed since publication. The content is for general informational purposes only and is not legal advice. We make no guarantees about its accuracy or applicability. Always consult a qualified attorney for specific legal counsel.

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