Should a DER Take Reasonable Suspicion Training?
A DER, or Designated Employer Representative, plays a key role in many drug and alcohol-free workplace program functions. When a drug test is performed, employees must be removed from their duties. When further information is needed about the company’s alcohol and drug policies, the DER is responsible and is the best source of accurate information regarding drug and alcohol testing.
WHAT ROLE DOES THE DER PLAY?
A DER is:
- A company employee (a contractor cannot be a DER).
- Someone who is trained specifically to be a DER.
- Someone readily available to make crucial policy determinations for employees.
The main purpose of a DER is to be the authority on federal, state, and company drug and alcohol-free workplace policies. The DER is in charge of ensuring the safe and timely removal of any employee found in violation of company policy.
A company may have multiple DERs to ensure availability during shifts or in an emergency. The owner or employer of a small business may also act personally as a DER under §40.3, but the law does not permit one DER to be under contract for multiple companies.
A DER is responsible for the operation of the company's drug and alcohol-free workplace policy, meaning she is responsible for all of the following and more:
- Educating employees on the policy;
- Ordering drug and alcohol tests;
- Ensuring program compliance with applicable regulations;
- Removing employees from safety-sensitive functions;
- Making certain refusal to test determinations;
- Offering advice to supervisors regarding suspicion determinations;
- Maintaining all documentation;
- Reviewing results from Medical Review Officers (MROs) and Breath Alcohol Technicians (BATs); and
- Ensuring employee and supervisor training and records are up-to-date and comprehensive.
SHOULD A DER TAKE REASONABLE SUSPICION TRAINING?
Yes, anyone designated as a DER should take reasonable suspicion training and be properly trained in best practices regarding drug and alcohol-free workplace policies. Since a DER is essentially the company drug and alcohol-free workplace guru, it is imperative that the DER not only learn the signs and symptoms of drug and alcohol use but that the DER become the company expert in reasonable suspicion determinations.
- Answered by: Andrew David Easler, Esq.
- Published: 03/08/2023
- Updated: 03/08/2023
We are an education company, not a law firm. The information and content we provide is for general informational purposes only and does not constitute legal advice. We make no representations, warranties, or guarantees regarding the accuracy, completeness, or applicability of the content. It is important to always consult with a qualified attorney for specific legal counsel pertaining to your individual circumstances.
Mock Collections for DOT Breath Alcohol Technicians (BAT)
DOT Oral Fluid Collector Train-the-Trainer
Non-DOT Hair Collector Basic Proficiency Training
Non-DOT Urine Specimen Collection Initial Proficiency Training
DOT Breath Alcohol Technician Basic Proficiency Training
DOT Urine Specimen Collector Basic Proficiency Training
DOT Oral Fluid Collector Training
FAA Reasonable Suspicion Training for Supervisors
Training on New York's Workplace Drug Testing Laws
Training on California Workplace Drug Testing Laws
Non-DOT Urine Specimen Collector Train-the-Trainer
Training on Texas Workplace Drug Testing Laws