A Non DOT Designated Employer Representative, is a person designated by an employer who performs specific functions related to the administration of their Drug-free Workplace Program. The duties of this individual are somewhat different than those of the DOT Designated Employer Representative (DER).
Being slightly different as they are, the non DOT designated employer representative still has some basic requirements that must be adhered to in order for you to be able to stay compliant with your employer’s drug free workplace program. Certain DER training comes in handy when it comes to the non DOT DER. However, some of their duties can differ a bit.
In this article, we will cover some of the duties that are common between both roles, as well being able to help you better understand what the non DOT DER role entails. We will also cover some of the unique duties that may be required in your specific position.
Difference Between A DOT and Non DOT DER
There are some instances where the position of a Non DOT Designated Employer Representative, may have different specific requirements as compared to what would be required of you if your employer had designated their business as one that is regulated by the Department of Transportation (DOT). The main difference between a Non DOT DER and a DOT DER, it that there are additional duties for those who fall under the umbrella of being regulated by the DOT.
The Non DOT DER Must Make Sure That The Employer’s Program Is Being Followed:
The employer must develop a written policy program and post it on their premises where they would normally require one to follow safety protocols. They must also make sure that the policy is being followed by the employees and must be kept up to date with any new rules / regulations that become effective.
The Non DOT DER must also make sure that the policy is being followed by the employees and must be kept up to date with any new rules / regulations that become effective.
Each employee must have access to a copy of their employer’s drug free workplace policy, as well as each employee responding employee notification if there are any changes made or additions added to the existing written program in order for it to stay compliant. The Non DOT designated employee representative must also implement some type of testing method within the employer’s written program, usually through a laboratory approved specimen collection site, in order to assist with coming up with accurate results.
Another very important role that is expected from you when applying for this position would be to report any violation of your employer’s drug free workplace policy to the employer. This can include any employee being in possession of alcohol or drugs on company property, driving a vehicle while under the influence of drugs or alcohol, or when an employee is showing signs of being under the influence during their work hours.
By making sure that the Non DOT DER within your own organization follows all lawful regulations and complies with all federal laws, there should be no reason for your program not to stay compliant!
Responsibilities of A Non DOT Designated Employer Representative
The Non-DOT Designated Employer Representative is responsible for the management of their DFWP program. This includes, but is not limited to: conducting drug and alcohol testing as specified in their written policy; conducting supervisory training according to the company’s written policy; reporting adverse action taken against employees following a positive drug or alcohol test result; being aware of all laws related to drugs and alcohol in the workplace; and maintaining records specific to your DFWP program.
This individual will also be responsible for submitting companies’ annual reports that are due by March 31st each year, which include information regarding your testing policies, procedures, number of employees tested during the previous calendar year. It should be noted that this report may be filed electronically and is subject to all state reporting requirements.
Keep in mind that these are just a few of the many tasks and duties assigned to an employer representative under the Non-DOT guidelines. The one main duty you will be responsible for is making sure that your company’s DFWP program stays compliant with federal / state laws, should any changes apply.
Along with this being a full time job, there are other factors to consider such as: making sure that all employees within your organization know about their employers’ drug free workplace policy; having new hires sign paperwork regarding their employers’ DFWP programs; holding regular meetings with your company’s DFWP committee; ensuring that test results from testing sites are kept confidential at all times (employees, supervisors, third party collectors, etc.); and maintaining records specific to your company’s DFWP program.
Overall, it is extremely important that you are always aware of the latest updates to your state laws related to drug and alcohol testing in the workplace as well as federal regulations so that you can be sure that all policies, procedures, reporting methods and other aspects of your organization’s DFWP comply with these established guidelines to ensure a safe working environment for everyone.
Key Takeaways:
-The Non-DOT Designated Employer Representative is responsible for managing their company’s drug free workplace policy.
-This individual must stay up-to-date on any changes or additions made to existing written programs in order to ensure that their company stays compliant.
-The Non-DOT Designated Employer Representative must be accountable for the management of all aspects of their company’s DFWP program, including ensuring compliance with federal and state laws.
Final Thoughts On The Non DOT DER:
As you can see, there are some similarities between both roles even though they are slightly different. By following each one of these steps as we have mentioned above, you will be able to better assist with keeping your organization’s drug free workplace program in compliance with all applicable laws.
Overall, it is important that you are aware of the latest updates to both state and federal regulations regarding drug and alcohol testing in the workplace to ensure a safe working environment for everyone. If you feel unsure about any aspects related to your DFWP program, be sure to consult with your company’s designated employer representative or legal counsel to ensure that your organization is always compliant with all applicable laws and regulations. Good luck!
