I've spent over 20 years either serving as a Designated Employer Representative (DER) or supporting DERs as a Consortium/Third-Party Administrator (C/TPA). And through all those years, one thing hasn’t changed: most people still don’t know what a DER is.
A Designated Employer Representative (DER) is defined under 49 CFR Part 40.3 as:
An employee authorized by the employer to take immediate action to remove individuals from safety-sensitive duties, or cause them to be removed, and to make required decisions in the drug and alcohol testing and evaluation process. The DER also receives test results and other communications for the employer. Service agents cannot act as DERs.
In plain terms: the DER manages your company’s federal drug and alcohol testing program.
They’re the go-to person when a test result comes back positive—or when a refusal to test occurs. The DER must be a company employee (except in the case of owner-operators in trucking, where a C/TPA may serve in this role). A service agent can support a DER, but they can’t be one.
What Does a DER Actually Do?
A DER needs both authority and understanding. They must be able to make decisions and respond to drug and alcohol testing matters as they come up. Their responsibilities include:
- Receiving results from the Medical Review Officer (MRO) and Breath Alcohol Technician (BAT)
- Taking immediate steps when an employee violates testing rules
- Ensuring that employees are removed from safety-sensitive roles if needed
Larger companies often have multiple DERs to provide coverage across shifts or locations. In those cases, a Drug and Alcohol Program Manager may oversee the broader program to ensure consistency.
Where a C/TPA Comes In
Even though a service agent can’t serve as a DER, they can assist one. A C/TPA helps coordinate key elements of a company’s testing program—like collections, lab work, MRO reporting, and random testing.
This partnership between a DER and a C/TPA is critical. It streamlines the process, ensures regulatory compliance, and frees the DER to focus on decision-making rather than paperwork.
How Spark TS Supports DERs
At Spark TS, I believe that effective drug and alcohol testing programs are essential for safety in the transportation industry. Our online tools reduce the admin burden on DERs, making compliance more manageable—especially under complex federal regulations like 49 CFR Parts 219, 382, and 655.
Our C/TPA services are designed to support you, not replace you. I help DERs take advantage of online systems and a trusted network of partners so you can stay compliant without getting buried in tasks that don’t need your attention.
Want to talk about how Spark TS can make your drug and alcohol testing program easier to manage—and easier to get right?
Contact us at support@sparkts.net.
Keep Building Your DER Expertise
If you’re looking for clarity and real-world support in your role as a Designated Employer Representative, I’ve put together a full training series built with you in mind. Each part breaks down what to do, how to do it, and what to watch for—so you can feel confident navigating even the gray areas.
👉 Explore the Full DER Series:
- Part 1: What Every DER Should Know from Day One
Watch the webinar
- Part 2: Step-by-Step Testing Procedures
Watch the webinar
- Part 3: Navigating Test Exceptions
Watch the webinar
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.
