DER Series: Part 4

For Designated Employer Representatives (DERs), drug and alcohol testing doesn’t always follow a clean checklist. Real-world scenarios can be messy. Rules can overlap. And decisions made in a split second can carry long-term consequences for both employees and employers.

Part 4
Mastering Your Role as a Designated Employer Representative (DER):

Return-to-Duty Isn’t Optional: What Every DER Needs to Get Right

If you're a Designated Employer Representative (DER), chances are the return-to-duty (RTD) process isn’t new to you—but the pressure to get it right? That never fades.

In this fourth session of Mastering Your DER Role, Spark TS expert and Substance Abuse Professional Holly Rainwater walked through the RTD process in depth. The big takeaway: consistency, compliance, and clear communication aren’t optional—they’re essential.

Let’s review the key things every DER needs to know.

What Triggers the Return-to-Duty Process

When an employee violates a DOT drug or alcohol regulation—whether it’s a positive test, refusal, or use within four hours of duty—they must be referred to a qualified Substance Abuse Professional (SAP). This referral isn’t optional, even if you plan to terminate the employee or decline to offer a second chance.

On the other hand, not every incident qualifies. If a test was non-DOT or the result was below 0.04 for alcohol, it falls outside 49 CFR Part 40. In these cases, companies should refer the individual to an Employee Assistance Program (EAP) or counselor—not a SAP.

Tip for DERs: Always confirm whether the violation falls under DOT authority. Your response must match the regulation.

The SAP’s Role Is Public Safety—Not Advocacy

A SAP isn’t there to advocate for the employer or employee. Their job is to protect public safety.

They conduct initial evaluations, recommend treatment or education, assess compliance, and create a follow-up testing plan. They rely on established clinical tools like the Addiction Severity Index (ASI) or Drug Abuse Screening Test (DAST) to determine the appropriate path forward.

Once that evaluation is complete, their word is final. Employers may not shop for a second SAP, change the plan, or add additional testing requirements under company policy.

Managing Follow-Up Testing and Aftercare

Once your employee is cleared to return to duty, the next phase begins: follow-up testing and aftercare.

Testing must be:

• Unpredictable
• Consistent with the SAP’s plan
• Documented thoroughly

Even one predictable pattern—testing at the start of every month, for example—can flag a compliance issue. And if your employee goes on leave during the testing period? Testing must pause and resume upon return, with all changes documented.

You’re also responsible for monitoring any aftercare recommendations, such as therapy or support group participation.

👉 Common mistake: Failing to track pauses or leaves in follow-up testing schedules.

You Can't Change the Plan—So Choose Wisely

You cannot override the SAP’s recommendations or impose additional testing under your own authority. That’s why your SAP selection matters so much.

Before you refer an employee, ask:

• Are they still certified?
• Do they understand Part 40?
• Have they handled similar cases?

The SAP’s initial and follow-up letters must be clear, typo-free, and compliant with §40.311. If anything seems off, send it back for correction before moving forward.

Five Takeaways for DERs Managing Return-To-Duty

1. Confirm DOT jurisdiction before triggering the RTD process.
2. Refer to qualified SAPs only—verify credentials before making the call.
3. Respect the SAP’s authority—don’t override or alter the plan.
4. Track follow-up testing carefully, making sure it’s random and documented.
5. Monitor aftercare to ensure full compliance over time.

Simplify Return-to-Duty with Rail Tasker

Tracking compliance manually increases risk and workload. That’s why Spark TS built tools inside Rail Tasker specifically to support DERs through the RTD process—from SAP referral to final follow-up test:

✅ Set reminders for follow-up test dates
✅ Track aftercare requirements
✅ Store SAP letters securely
✅ Document pauses and restarts accurately
✅ Access audit-ready records anytime

📍 Want a closer look? Request a demo and we’ll walk you through how Rail Tasker helps DERs manage Return-to-Duty without the worry.

🎥 Watch the full webinar video with Holly Rainwater for detailed guidance, participant Q&A, and real-world examples. 👉 Watch the video here 

Continue the series: Mastering Your DER Role

Part 1: What Every DER Should Know from Day One

       🎥 Webinar video

Part 2: Getting It Right: Step-by-Step Guidance for Alcohol and Drug Testing Procedures

       🎥 Webinar video

Part 3: Test Exceptions

              🎥 Webinar video

📚 Catch up on our demand webinars and find more practical resources at https://www.sparkts.net/on-demand-webinars.

Spark TS, a RailCube company, is a leader in offering safety and compliance software and services solutions for the railroad and transportation industries. Spark TS set the standards for the CFR Part 243 Training Rule implementation with Rail Tasker™, a railroad mobile application for building safer work environments including operations testing, safety alert briefings, training, and are industry experts in CFR Part 40 DOT Workplace Drug and Alcohol Testing Programs. Spark TS, a railcube company provides Hours of Services (HOS), Time Tracking, Electronic Rule Books, and Asset Management services.

railcube is a modern, modular platform that unifies rail operations—replacing spreadsheets and siloed systems with one streamlined solution. From compliance tracking to crew planning and asset management, railcube simplifies complex workflows and scales with your operation. Start with what you need, then expand seamlessly as your business grows.