BY KAREN LEHMAN, BOMBARDIER AEROSPACE/LEARJET
Are you a designated employer representative (DER) for your U.S. Department of Transportation (DOT) employees? Have you ever considered if you are doing everything correctly? Are you able to answer questions that your Federal DOT employees may have about your drug and alcohol program, or answer pertinent questions about the Federal DOT regulations if they ask?
B
eing a DER is more than just a title. If you are a DER, you are responsible for many things,
including being somewhat familiar with the Federal DOT regulations. A DER can be anyone who is representing the employees that fall under the Federal DOT regulations. If this is you, you may want to review them and make sure you are doing everything right. You, as the DER for your company or
site, must fully understand your company policy in regard to positive test results, in addition to the federal regulations regarding positive test results for an employee who works in a safety-sensitive job. You would be surprised how many calls I receive when a positive result occurs, asking what else should be done in addition to removing the employee from duty. Every DER should have the knowledge
and the authority to take immediate action to remove employees from safety-sensitive duties and ensure that their employers and employees comply with Federal drug and alcohol testing regulations. Be knowledgeable about what your
company policy says about positive test results. Do you have a “one strike and you’re out” policy, or are your employees given another chance to rehab and return to work once he/ she completes the substance abuse professional (SAP) protocol outlined in 49 CFR Part 40? Know your company policy and become familiar with Subpart O—Substance
www.datia.org
Abuse Professionals and the Return-to- Duty Process § 40.281. A DER’s overall responsibilities as
defined in 49 CFR Part 40 are: • Administering the drug and alcohol program or assisting the program manager
• Serving as the liaison with drug and alcohol testing partners
• Staying informed or has access to all drug and alcohol results
• Ensuring that employees are educated; conducting drug and alcohol tests
• Documenting and complying with DOT/FAA regulations As of October 1, 2010, did
you know that under 49 CFR Part 40.14 it states you must ensure the collector has specific information when conducting a urine specimen collection? It isn’t just enough to send out a chain of custody form. You must include the following information for the collection site: • Full name of the employee being tested
• Employee SSN or ID number • Laboratory name and address (which can be pre-printed on the CCF) if your forms are not pre-printed. You must provide the MRO name, address, phone number, and fax number.
• Reason for testing and appropriate DOT agency
• Whether the test is to be observed or not
datia focus 25 If you haven’t been doing this, you should
change your practices. Atached is a sample of the notice that can be sent out to collectors and collection sites. When federal inspectors audit the collection sites, they oſten ask if employers are sending the required notice to them. Currently the form isn’t one that you have to retain, but you may be asked to produce the form you currently send to collection sites. During my company’s past audit, we were asked what type of form we use to notify the collector or collection site regarding drug or alcohol testing. Our on-site employee clinic requires us
to send this form to them before they will begin testing. Tere is a large turnover in help at collection sites, and the use of this practice has reduced several collection errors and prevented re-collection for employees due to mistakes. Generally, most large companies have
a person who manages the drug program and keeps everyone in compliance with the federal regulations. However, if your
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