This training course provides a DER with a thorough education of his or her duties as outlined in the Department of Transportation (DOT) regulations for drug and alcohol testing (49 CFR Part 40). The course also includes a comprehensive dictionary of testing terminology, specific modal regulations and their procedures for workplace testing programs.

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Designated Employer Representative Training

This training course equips a DER (Designated Employer Representative) with a detailed understanding of their responsibilities as defined in Department of Transportation (DOT) regulations for drug and alcohol testing (49 CFR Part 40).

The course features:

  • Comprehensive coverage of the duties outlined in DOT regulations.
  • A thorough explanation of testing terminology, ensuring clarity in communication.
  • Specific guidelines for modal regulations, tailored to various transportation sectors.
  • Detailed procedures for implementing workplace testing programs in compliance with DOT requirements.

Overview of Drug and Alcohol Rules for Employers:

  • The United States Congress recognized the need for a drug and alcohol-free transportation industry.
  • In 1991, Congress passed the Omnibus Transportation Employee Testing Act.
    • This Act requires DOT Agencies to implement drug and alcohol testing for safety-sensitive transportation employees.
  • 49 CFR Part 40 (Part 40) is a DOT-wide regulation that:
    • Specifies how drug and alcohol testing should be conducted.
    • Outlines procedures for returning employees to safety-sensitive duties after violations of DOT drug and alcohol regulations.
  • Part 40 applies universally to all DOT-required testing, regardless of transportation mode (e.g., aviation under FAA rules, trucking under FMCSA rules).
  • Each DOT Agency-specific regulation defines:
    • Who is subject to testing.
    • When testing is required.
    • Under what circumstances testing should occur within a particular transportation industry.
  • DOT, along with FMCSA, requires commercial motor vehicle (CMV) operators holding a commercial driver’s license (CDL) to undergo:
    • Alcohol and drug testing.
  • While employers can hire service agents for tasks such as:
    • Collecting specimens.
    • Conducting laboratory analyses.
    • Medically reviewing lab results.
    • Determining test outcomes.
  • Employers cannot delegate responsibility for complying with:
    • All applicable requirements and procedures of 49 CFR Part 40 and Part 382.
  • Employers are accountable for actions of their employees, representatives, and agents (including service agents) in meeting DOT agency regulations.
  • Employers can face consequences for service agent errors, including:
    • Civil penalties for noncompliance.
  • Service agent violations are addressed under the public interest exclusion (PIE) in 49 CFR Part 40 Subpart R.
  • The Safe Roads Act of 2012 (MAP-21; P.L. 112-141) empowers Congress to take civil penalty actions against service agents (49 USC 31306a).


Taking the online interactive DER Training can satisfy your Title 49 CFR Part 40 requirements for training!





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