Disclaimer: Informational only, not legal advice.
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What a DER actually does
A Designated Employer Representative (DER) is the person in your organization who runs the day-to-day administration of your DOT drug and alcohol testing program. They're the point of contact for:
- Ordering and tracking tests (pre-employment, random, post-accident, reasonable suspicion, return-to-duty, follow-up)
- Receiving and acting on test results (including positives, refusals, and shy bladder situations)
- Coordinating with vendors: collectors, labs, MROs, C/TPAs, and SAPs
- Maintaining records and preparing for audits
A trained DER is the difference between a smooth audit and a compliance nightmare. Here's what their training should actually cover.
8 must-have features in DER training
1. Clear coverage of Part 40 and Part 382 responsibilities
The DER needs to understand both:
- 49 CFR Part 40: The "how" of testing—collection procedures, chain of custody, MRO review, lab requirements
- 49 CFR Part 382: The "when" of testing—what triggers a test, what the employer must do, documentation requirements
Red flag: Courses that only cover Part 382 (or only Part 40) leave gaps.
2. Decision trees for every test type
Your DER will order multiple types of tests. Training should provide step-by-step workflows for:
- Pre-employment
- Random selection
- Post-accident
- Reasonable suspicion
- Return-to-duty
- Follow-up
What to look for: Flowcharts, checklists, or decision trees they can use on the job—not just lecture slides.
3. Scripts for working with vendors
DERs spend a lot of time on the phone with collectors, labs, MROs, and C/TPAs. Good training includes:
- What to say when ordering a test
- What questions to ask the MRO
- How to handle a collector's call about a "problem" collection
- How to coordinate SAP referrals and RTD authorization
Why it matters: Miscommunication with vendors is the #1 source of DER errors.
4. Scenario training for complex situations
The easy cases don't require much training. DERs need practice with:
- Positive test results (verified by MRO)
- Refusals to test
- Shy bladder / insufficient specimen
- Dilute negatives
- Fatal flaws and correctable flaws on CCFs
- Post-accident testing timelines (2-hour / 8-hour / 32-hour rules)
What to check: Does the course include scenario-based exercises or quizzes, or just definitions?
5. SAP referral and return-to-duty (RTD) process
When an employee tests positive or refuses, the DER must:
- Remove them from safety-sensitive duties
- Provide SAP referral information
- Wait for SAP evaluation and recommendation
- Authorize the RTD test (and follow-up schedule)
Why it matters: RTD errors are common audit findings—especially around timing and documentation.
6. Recordkeeping requirements and retention periods
DERs need to know:
- What records to keep (CCFs, MRO reports, SAP letters, etc.)
- How long to keep them (varies by record type—some are 5 years, some are indefinite)
- How to maintain confidentiality
- What to produce during an audit
What to verify: Does the course provide a retention schedule or template you can use?
7. Bilingual delivery (if you have Spanish-speaking DERs)
If your DER (or backup DER) is more comfortable in Spanish, the training should be delivered in a language they understand clearly—not just English with a translated handout.
8. Certificate and training record for audits
When an auditor asks "Is your DER trained?", you need documentation. Look for:
- A certificate of completion (PDF or printable)
- A training record showing date, topics, and duration
- A way to retrieve records later (not just a one-time email)
Where Evergreen Comply fits
Evergreen Comply offers DER training designed for HR managers, safety directors, and compliance leads who want:
- Full coverage of Part 40 and Part 382 DER responsibilities
- Decision trees and scripts for every test type
- Scenario-based modules for positives, refusals, shy bladder, and SAP/RTD coordination
- Recordkeeping guidance with audit-ready documentation
- English and Spanish narration
- Team dashboard for seat assignment and completion tracking
Course page: https://www.evergreencomply.com/courses/designated-employer-representative
CTA: If your DER (or backup) can't confidently answer "What do I do if...?" for any of the scenarios above, it's time to evaluate your training. Compare vendors on the 8 features listed here.
FAQs: DER Training
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Is DER training required by DOT?
DOT doesn't mandate a specific DER curriculum, but Parts 40 and 382 expect the DER to be competent. Auditors and customers often request proof of training. -
What's the difference between DER training and reasonable suspicion training?
Reasonable suspicion training is for supervisors who observe and refer employees for testing. DER training is for the person who coordinates the entire testing program, vendors, and records. -
How long does DER training take?
Most comprehensive courses take 2–3 hours. Self-paced online courses can be paused and resumed. -
Should backup DERs also be trained?
Yes. If your primary DER is unavailable, the backup needs to know exactly what to do. Train both. -
Does DER training cover all DOT modes (FMCSA, FAA, FTA, etc.)?
Some courses are general; others focus on specific modes. Verify what's covered if you operate under multiple DOT agencies. -
What if I use a C/TPA for program management?
Even with a C/TPA, your company still designates a DER. Training helps you understand what the C/TPA does and what's still your responsibility. -
Is online DER training acceptable?
Yes. Online and webinar formats are widely accepted as long as the content is comprehensive and records are retrievable. -
What records should I keep after DER training?
Keep a certificate of completion and a training record showing employee name, date, topics, and duration. Store them where you can retrieve them for audits. -
How do I know if a course covers enough scenarios?
Look for courses that include quizzes or scenario-based exercises—not just lecture content. The DER should practice "what if" situations. -
Can I train multiple DERs or backups at once?
Many vendors offer seat-based purchasing. Verify team admin features before buying for groups.