The Designated Employer Representative (DER) plays a crucial role in ensuring that a trucking company complies with DOT drug and alcohol testing regulations, particularly in cases of reasonable suspicion testing.
As the primary point of contact for drug and alcohol testing within a company, the DER must ensure that all federally required tests are conducted properly and in compliance with 49 CFR Part 40 and FMCSA regulations.
When a reasonable suspicion test is necessary, the DER must act promptly, following strict procedures to ensure compliance while protecting the company and its drivers.
This article outlines the key responsibilities of the DER in the reasonable suspicion testing process and the steps they must take if a test is required.
What is the Designated Employer Representative (DER)?
The DER is an employer-appointed individual responsible for handling the drug and alcohol testing program. This person must be knowledgeable about DOT testing regulations and is the one who receives test results and takes necessary actions based on the findings.
Key responsibilities of the DER include:
- Managing the company’s drug and alcohol testing program.
- Receiving and maintaining confidential drug and alcohol test results.
- Ensuring compliance with DOT and FMCSA regulations.
- Coordinating testing with third-party providers, labs, and Medical Review Officers (MROs).
- Making decisions regarding testing, removal from duty, and return-to-duty processes.
During reasonable suspicion testing, the DER ensures that all required steps are followed correctly and that testing is conducted without delay.
Understanding DOT Reasonable Suspicion Testing
Reasonable suspicion testing is required when a trained supervisor or company official observes behavior that indicates a driver may be under the influence of drugs or alcohol while on duty. This determination must be based on:
- Observed physical signs (bloodshot eyes, unsteady movements, slurred speech).
- Behavioral indicators (erratic actions, confusion, inability to focus).
- Odor of alcohol or drugs (smell of marijuana, alcohol on breath).
Important: A reasonable suspicion test cannot be based on hearsay or a gut feeling—it must be based on objective, documentable evidence observed by a supervisor who has undergone DOT-required reasonable suspicion training.
>>Get DOT or Non-DOT Reasonable Suspicion Training for your managers — $45 or less!<<
What the DER Must Do If a Reasonable Suspicion Test is Required
Step 1: Ensure Proper Documentation
- The trained supervisor or company official must immediately document the observations leading to the reasonable suspicion determination.
- The written report must include the time, date, and specific behaviors that raised suspicion.
- This documentation must be completed before instructing the driver to take a test.
Key Rule: The DER should review the documentation but should NOT make the determination alone—this must come from a trained supervisor.
Step 2: Remove the Driver from Safety-Sensitive Duties
- The driver must not continue operating a commercial motor vehicle (CMV) until test results are received and reviewed.
- The DER must ensure the driver is safely transported to the testing site—they should NOT drive themselves.
- The driver remains out of duty until test results are available.
Step 3: Coordinate the Drug and/or Alcohol Test Immediately
- The test must be conducted as soon as possible after the observed behavior.
- Alcohol testing: Must be performed within two hours of the suspicion. If more than eight hours pass without a test, the employer must document why.
- Drug testing: There is no strict time frame, but it should be done as soon as possible on the same day.
Key Rule: If alcohol testing cannot be completed within the required timeframe, the DER must document the reason for the delay and keep it on file.
Step 4: Ensure Confidentiality of Test Results
- The DER receives the test results from the Medical Review Officer (MRO) or alcohol testing facility.
- If the test is positive, the DER must immediately remove the driver from duty and inform them of the next steps.
- If the test is negative, the DER should document the outcome and allow the driver to return to work.
Follow-Up Procedures After a Reasonable Suspicion Test
If the Test is Positive
- The driver is immediately removed from all safety-sensitive duties.
- The DER must inform the driver about the DOT return-to-duty process.
- The driver must meet with a Substance Abuse Professional (SAP) to begin a structured treatment and return-to-duty program.
- Before returning to work, the driver must:
- Complete the SAP’s treatment recommendations.
- Pass a DOT return-to-duty drug and/or alcohol test.
- Be subject to follow-up testing for up to five years.
If the Test is Negative
- If the test results are negative, the DER should review the documentation and circumstances to ensure compliance with DOT guidelines.
- The driver may return to duty unless other company policies require additional actions (such as retraining or additional monitoring).
If the Test Cannot Be Completed
- If an alcohol test is not conducted within eight hours, the DER must document the reasons and keep a record for FMCSA compliance.
- If a drug test is not completed, the employer must still remove the driver from duty if there is reasonable suspicion of impairment.
Final Takeaways for the DER
- The DER plays a vital role in ensuring DOT compliance and protecting public safety.
- Immediate action is required when a reasonable suspicion situation arises.
- Proper documentation is critical to support compliance and avoid liability.
- The DER must work closely with supervisors, drug testing facilities, and SAPs to handle cases efficiently.
- Drivers should be treated fairly and professionally, with strict adherence to DOT regulations.
By understanding and following these steps, a DER can confidently manage the reasonable suspicion testing process, ensuring compliance while maintaining safety and accountability within the trucking company.
Get DOT or non-DOT management training on:
- Reasonable Suspicion
- Signs and Symptoms
- Documentation
Sign up now at CNS Learning Hub.
CNS Occupational Medicine can help with customized policy development
Drug testing policies can be complicated and should consider:
- Purpose of the Policy
- Specimen Types
- Testing Procedures
- Prescription Drug Disclosure
- Federal Regulations (DOT)
- State Drug Testing Laws and Marijuana Laws
- Workers’ Compensation
- ADA
- Prohibited Conduct
- Consequences
Our Occupational Medicine Team can also develop a custom workplace safety plan for your company. You may need a combination of services like physicals, COVID-19 testing, and drug testing, and you may also need these services performed on-site.
For more information, contact us at 800.551.9816 or info@cnsoccmed.com.
