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Designated employer representative managing compliance records

DER Training:Designated Employer Representative

Employers covered by DOT drug and alcohol testing rules must designate a DER under 49 CFR §40.3.

100% onlineEnglish & EspañolInstant signed certificate

Course Overview

Run a reliable DOT drug and alcohol testing program with clear decision trees, documentation templates, and vendor management guidance.

Decision trees for every test

Random, pre-employment, post-accident, reasonable suspicion, and follow-up events.

Vendor coordination

How to work with collectors, labs, C/TPAs, MROs, and SAPs without missteps.

Bilingual delivery

English and Spanish narration and captions for bilingual teams.

49 CFR Part 40

DOT drug & alcohol testing procedures

DOT requires the DER role—not a named DER certification.

Employers subject to DOT testing rules designate an employee with authority to remove workers from safety-sensitive duties and make testing decisions. Part 40 does not set a fixed DER curriculum, exam, or hour requirement; training prepares the DER to carry out those duties consistently.

Regulatory Basis

Every module maps to the exact regulation this course trains for. Each citation links to the official regulatory text.

  • 49 CFR 40.3

    Defines the Designated Employer Representative (DER) as an employee authorized to remove employees from safety-sensitive duties and make testing/evaluation decisions. Service agents cannot act as DERs.

  • 49 CFR Part 40

    DOT "Procedures for Transportation Workplace Drug and Alcohol Testing Programs," which defines the DER responsibilities this course is built around.

  • DOT Part 40 §40.3 questions and answers

    Confirms that an owner or actual employee may serve as DER, while a C/TPA, outside consultant, or other service agent may not.

  • 49 CFR Part 382

    The FMCSA controlled-substances and alcohol program that motor-carrier DERs administer alongside Part 40.

Who This Course Is For

Ideal for anyone responsible for administering a DOT drug and alcohol program:

Designated Employer Representatives (DERs)
HR and compliance managers
Safety directors and fleet managers
C/TPA account managers and coordinators

Learning Objectives

1

Map DER responsibilities across 49 CFR Part 40 and Part 382 and avoid common audit findings.

2

Order, document, and track every test type: pre-employment, post-accident, etc.

3

Handle positives, refusals, shy bladder, and other complex scenarios.

4

Coordinate SAP referrals, RTD authorization, and record retention with defensible documentation.

Course Preview

Video: Designated Employer Representative duties under 49 CFR Part 40

The preview introduces the DER’s authority, DOT testing decisions, coordination with collectors and MROs, and the records an employer needs to retrieve during an audit.

How ready is your current DER program?

Take the free seven-question DER Readiness Check. It reviews authority, backup coverage, testing workflows, return-to-duty steps, and records—then generates a printable action plan with official source links.

Check DER readiness

What’s Covered

Course modules across practical, role-specific compliance workflows.

Part 1 — Foundation

01The DER Role and Regulatory Framework (Part 40 & Part 382)
02Testing Triggers and Decision Trees (Pre-Employment, Random, Post-Accident, RS)
03Working with Collectors, Labs, C/TPAs, MROs, and SAPs
04Ordering Tests: eCCF/CCF, Chain-of-Custody, and Notifications
05Handling Positives, Refusals, Shy Bladder, and Fatal Flaws

Part 2 — Role-Specific Operations

06SAP Referrals, Return-to-Duty, and Follow-Up Scheduling
07Recordkeeping, Confidentiality, and Data Retention
08Communicating with Supervisors and Employees (Scripts + Templates)
09After-Hours and Field Scenarios (Post-Accident/Reasonable Suspicion)
10Audit Prep: Logs, Status Reporting, and Mock Reviews

Get Your Team Started

Four steps to compliance. Most teams are up and running in under 10 minutes.

01

Purchase seats

Choose the number of seats your team needs. Volume discounts available.

02

Assign to your team

Add employees from your dashboard — takes about 2 minutes.

03

Complete training

Self-paced modules with quizzes. Learners pause and resume on any device.

04

Download certificates

Automatic recordkeeping with audit-ready certificates and training logs.

I've been in the industry for over 20 years. This is honestly the best training that I've seen.
Texas-based C/TPA

Frequently Asked Questions

What is a Designated Employer Representative (DER)?

Under 49 CFR 40.3, a DER is an employee authorized by the employer to take immediate action to remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation process. Employers subject to DOT drug and alcohol testing rules designate a DER; service agents cannot serve as the DER.

Which regulations define the DER role, and who enforces them?

The DER role and duties come from 49 CFR Part 40 (DOT's testing-procedures rule) and, for motor carriers, 49 CFR Part 382 (FMCSA). DOT/ODAPC and the applicable DOT agency enforce those rules. DOT does not prescribe a specific DER course, exam, or number of training hours.

Is DER training required by DOT?

DOT requires covered employers to designate a DER and makes the employer responsible for Part 40 compliance, but it does not prescribe a specific DER course, exam, or number of training hours. Employers still need a DER who can correctly carry out the testing, removal, communication, and recordkeeping decisions assigned by Part 40; this course trains those responsibilities.

Can a C/TPA or outside consultant serve as the DER?

No. DOT’s §40.3 guidance states that only the employer or an actual employee of the employer may perform the DER function; service agents, including C/TPAs and outside safety consultants, cannot act as DERs. They may support the program, but the employer must retain an internal DER with decision authority.

How is a DER different from a reasonable-suspicion supervisor?

They are distinct roles. The reasonable-suspicion supervisor training is the 60/60 requirement of 49 CFR 382.603; the DER administers the drug-and-alcohol program and makes removal/testing decisions under 49 CFR Part 40. One person may hold both roles, but the trainings serve different functions.

How often must a DER be retrained?

Part 40 sets no fixed recurrence for DER training; employers keep the DER current with program and regulatory changes. There is no federal expiration on the certificate.

Is online DER training accepted, and how long does it take?

Yes — fully online, self-paced, about 2–3 hours, English and Spanish, with an instant completion certificate.

Who should take DER training?

The named DER and back-ups, plus HR/compliance and safety leaders who administer a DOT drug-and-alcohol program; C/TPA account managers who support employers also benefit.

Which course do I need?

Three related DOT drug-and-alcohol courses. Compare who each one is for before you enroll.

Best for
For supervisors who decide when a CDL driver must be tested
Renewal
Once; no federal recurrence
Duration
2 hrs (60 + 60)
View course
Best for
For frontline leads and staff who need awareness, not authority
Renewal
None federally required
Duration
60–75 min
View course
Best for
For the named DER and HR or compliance staff who support them
Renewal
None federally fixed
Duration
2–3 hrs

Availability and pricing are shown on each course page and confirmed at checkout. Renewal intervals reflect the cited federal regulations.

Compliance professionals walking toward a workplace

Prepare your DER for the next DOT audit

Equip your DER and backups with the scripts, forms, and timelines they need to respond to any testing event without delays or costly mistakes.

DER Training — $99/seat