May 23, 2025
Designated Employer Representatives (DERs) play a critical role in ensuring compliance with DOT drug and alcohol testing regulations. They are responsible for overseeing testing processes, monitoring service agents, and maintaining the integrity of their company’s program. This blog highlights best practices for DERs, common challenges, and new updates, such as the inclusion of oral fluid testing for non-binary employees.
A DER acts as the primary liaison between employers and the drug and alcohol testing program. Their responsibilities include:
Key reminder: Employers, through the DER, are responsible for ensuring their service agents follow federal regulations. If service agents fail to comply, the employer faces the consequences, not the service agent.
DERs often manage their programs differently, depending on the size and structure of their company. Here are two real-world examples that illustrate common challenges:
Jeff is a DER who learned the hard way about clear communication. He sent an employee for a drug test, but the collection site mistakenly performed an alcohol test instead. This error required time and effort to correct.
Solution: Jeff developed a checklist for employees to ensure they know where to report, which test they are taking, and what to expect. He also implemented a written procedure for communicating with collection sites.
Cindy, a DER for an air charter operation, faced challenges with collection personnel using outdated federal forms. During an FAA inspection, errors in her program resulted in her company being declared non-compliant. Cindy discovered additional issues during an unannounced visit to the collection site.
Solution: Cindy replaced the collection site with a more reliable one and now conducts regular audits of service agents to ensure compliance. She learned that communication and documentation are key to maintaining a smooth program.
Federal regulations encourage employers to audit their service agents, such as collectors, BATs, and SAPs. Employers are responsible for ensuring these agents perform their duties correctly.
Best Practices for DERs:
For observed urine collections, gender determination is based on the donor’s identity, as per DOT regulations. This has caused challenges at collection sites, particularly for non-binary employees.
DOT’s new regulations require employers to include a policy stating that observed collections for non-binary employees will be conducted via oral fluid testing (saliva).
Why Oral Fluid Testing Helps:
DERs have a challenging but vital role in maintaining DOT testing compliance. To succeed, they must communicate clearly with collection sites and employees to prevent avoidable errors. Routine audits of service agents are essential, as they help identify compliance gaps before they lead to fines or enforcement actions. It’s also critical for DERs to update company policies to include oral fluid testing as the required method for observed collections involving non-binary employees. Just as important is thorough documentation—recording each step of the process helps maintain transparency and proves due diligence during audits or inspections.
The integrity of your program depends on the performance of your service agents and the accuracy of your documentation. Stay involved, ask questions, and take a proactive role in ensuring compliance to avoid costly mistakes.
Karishma is a Qualified Substance Abuse Professional (SAP) with a background in mental health and substance abuse counseling, holding credentials as an MS, LCDC, ICADC, CADC II, CSAC, CASAC II, LPC, and EMDR-trained therapist. Inspired by personal experiences with addiction and mental health challenges in her community, she has dedicated her career to supporting individuals on their journey to recovery and success.
