The Role of FAA DERs in DOT Drug and Alcohol Testing Compliance

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.

What Is the Role of a DER?

A DER acts as the primary liaison between employers and the drug and alcohol testing program. Their responsibilities include:

1. Managing the testing process (both drug and alcohol tests)
2. Ensuring that service agents, such as collectors and breath alcohol technicians (BATs), comply with DOT rules
3. Reviewing test results and employer copies for errors or omissions
4. Addressing any collection site issues, whether procedural or compliance-related

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.

Common Challenges Faced by DERs

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’s Story: Miscommunication with the Collection Site

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’s Story: Service Agent Compliance Issues

Cindy, a DER for an air charter operation, faced challenges with collection personnel using outdated federal forms.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.

Why Auditing Service Agents Is Essential

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.

Why It Matters

1. If service agents fail to comply, the employer is fined, not the service agent.
2. Serious non-compliance issues may result in Public Interest Exclusion (PIE), barring the service agent from continuing DOT-related work.

Best Practices for DERs:

1. Conduct audits of collection sites and service agents regularly
2. Personally visit collection sites to review operating procedures
3. Build open communication with collection personnel

Observed Collections and Gender Requirements

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.

New Update: Oral Fluid Testing 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:

1. Saliva testing is an observed collection, but it avoids the complications associated with determining gender
2. Employers must update their policies to reflect this requirement, even if they do not plan to use oral fluid testing regularly

Final Thoughts: How DERs Can Ensure Compliance

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.