Designated employee representative
The Federal Motor Carrier Safety Administration (FMCSA) places significant emphasis on the role of a Designated Employee Representative (DER) in ensuring compliance with federal regulations concerning drug and alcohol testing. As the DER it is important that you understand your role and the importance of the role. Summarized below are a few of the responsibilities.
1. Central Point of Contact
The DER acts as the central point of contact within a company for all matters related to drug and alcohol testing. This includes managing the testing process, receiving test results, and communicating with employees and testing facilities. By having a designated individual handle these responsibilities, companies ensure that there is a clear and consistent process in place.
2. Compliance with Regulations
The DER is responsible for ensuring that the company complies with FMCSA regulations regarding drug and alcohol testing. This includes understanding and implementing the requirements set forth in 49 CFR Part 40 and Part 382, such as pre-employment, random, reasonable suspicion, and post-accident testing.
3. Handling Test Results
The DER receives confidential test results from the Medical Review Officer (MRO) and is responsible for maintaining the privacy and integrity of these results. They must also take appropriate actions based on the test outcomes, including removing employees from safety-sensitive duties if they test positive or refuse to test.
4. Employee Notifications and Actions
The DER is responsible for notifying employees of the results of their tests and the necessary subsequent actions. This includes instructing employees on the return-to-duty process, follow-up testing, and any required rehabilitation or education programs.
5. Training and Education
The DER ensures that employees are informed about the company’s drug and alcohol policies and the FMCSA’s regulations. This includes providing training on the effects of drug and alcohol use and the consequences of policy violations.
6. Record Keeping
The DER must maintain accurate and up-to-date records of all drug and alcohol testing activities. This includes test results, chain of custody documentation, and any communications related to testing. Proper record-keeping is essential for compliance audits and reviews by the FMCSA.
7. Mitigating Legal and Safety Risks
By overseeing the drug and alcohol testing program, the DER helps mitigate legal and safety risks for the company. Ensuring that all testing procedures are conducted in accordance with federal regulations helps protect the company from potential fines, legal action, and safety incidents resulting from impaired employees.
Conclusion
The role of the Designated Employee Representative is crucial for maintaining the integrity of the drug and alcohol testing program within a transportation company. By ensuring compliance with FMCSA regulations, the DER helps promote a safe working environment, maintain public safety, and protect the company from legal and regulatory penalties.
