FAA Designated Employer Representative Training (DER) is an online course of approximately 2 hours for the DER at an FAA-regulated employer, the person who makes required testing decisions under 49 CFR 40.3 and 14 CFR Part 120. Topics include the safety-sensitive functions in 14 CFR 120.105 and 120.215, the 120.109(d) decision rule, verified positives, refusals, supervisor training records, and MIS reports due March 15. The course was developed by attorney Andrew David Easler, Esq. A certificate is issued on completion.
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Published March 6, 2019
Andrew David Easler, Esq.
Course Author
Andrew David Easler, Esq.
Course Instructor
FAA Designated Employer Representative Training (DER) is a self-paced online course of about 2 hours for the people who manage an aviation employer's drug and alcohol testing program. It was developed by attorney Andrew David Easler, Esq. and drug-free workplace experts.
Under 49 CFR 40.3, the DER is the employee authorized to remove employees from safety-sensitive duties, make required decisions in the testing and evaluation process, and receive test results for the employer. For FAA employers, those duties apply to programs under 14 CFR Part 120.
The course explains the DER's responsibilities from testing through return to duty. Topics include:
Knowing these steps ahead of time helps a DER act correctly when a result arrives while an employee is on duty or a collection cannot be completed. Clear steps make it easier to respond the same way every time.
Every FAA-regulated employer with a testing program needs a DER. No rule sets a specific DER training hour requirement. The DER makes the required decisions and acts for the employer, so the DER must know Part 40 and 14 CFR Part 120. Training is how a DER builds that knowledge.
The course is for program managers, HR staff, safety managers, and owners at air carriers, repair stations, charter operators, and other FAA-regulated employers who serve as the primary or backup DER.
DERs often track supervisor training. Supervisors who make testing decisions should complete FAA Reasonable Suspicion Training for Supervisors. FAA also requires reasonable recurrent training, with no set interval, for supervisors who make reasonable cause drug testing decisions. FAA Advisory Circular AC 120-126A calls a 12 to 18 month schedule a best practice. FAA Annual Recurrent Training for Supervisors fits that schedule.
Participants receive a certificate of completion at the end of the course. Keep it with your drug and alcohol program files so it is ready for an FAA inspection.
The course is available as online self-paced training, onsite instructor-led training, or SCORM courseware for use in third-party learning management systems.
DOT training for FMCSA, FAA, FTA, FRA, USCG, and PHMSA that meets or exceeds federal requirements. Accepted in all 50 states and anywhere DOT rules apply.
Every course is reviewed by attorneys and subject matter experts for accuracy, so you get training you can show employers, clients, and auditors with confidence.
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Go beyond the course with books, guides, and free videos and posts on YouTube, LinkedIn, TikTok, and more covering drug testing, workplace safety, and compliance.
41 modules · 1 exam
Module 1
INTRODUCTION
Module 2
DER REFERENCE PAMPHLET
Module 3
POLICY OPERATIONS
Module 4
DRUG AND ALCOHOL TESTING
Module 5
DRUG AND ALCOHOL TESTING - WHAT IS A REFUSAL TO TEST
Module 6
DRUG AND ALCOHOL TESTING - DOT DIRECT OBSERVATION PROCEDURES
Module 7
DRUG AND ALCOHOL TESTING - DIRECT OBSERVATIONS AND SUPERVISORS
Module 8
DRUG AND ALCOHOL TESTING - TIPS ON HOW TO CONDUCT A DIRECT OBSERVATION
Module 9
DRUG AND ALCOHOL TESTING - DIRECT OBSERVATION REFUSALS
Module 10
DRUG AND ALCOHOL TESTING - MONITORING COLLECTION SITES
Module 11
DRUG AND ALCOHOL TESTING - MEDICAL REVIEW OFFICERS
Module 12
DRUG AND ALCOHOL TESTING - MEDICAL REVIEW OFFICER IMPORTANCE
Module 13
SAP AND BLIND SPECIMENS
Module 14
DOT AGENCY RECORDKEEPING REQUIREMENTS
Module 15
FAA RECORDKEEPING
Module 16
FAA DRUG AND ALCOHOL TESTING REGULATIONS PACKET
Module 17
FAA LEGAL INTERPRETATION - CONTRACTORS AND REASONABLE SUSPICION DETERMINATIONS
Module 18
FAA FORMS AND POSTERS
Module 19
FAA SAMPLE DOCUMENTS - EBT CALIBRATION LOGBOOK
Module 20
FAA SAMPLE DOCUMENTS - NOTIFICATION TO REPORT FOR RANDOM TESTING FORM
Module 21
FAA SAMPLE DOCUMENTS - REASONABLE CAUSE OR SUSPICION FORM
Module 22
FAA SAMPLE DOCUMENTS - RELEASE OF INFORMATION FORM
Module 23
FAA SAMPLE DOCUMENTS - OVERVIEW AND USE OF FORM 8060-12
Module 24
FAA SAMPLE DOCUMENTS - PRE-EMPLOYMENT NOTIFICATION AND ACKNOWLEDGEMENT FORM
Module 25
FAA SAMPLE DOCUMENTS - REPORTING FORM 91K
Module 26
FAA SAMPLE DOCUMENTS - REPORTING FORM 135
Module 27
FAA SAMPLE DOCUMENTS - SAMPLE DRUG ABUSE INFO
Module 28
FAA SAMPLE DOCUMENTS - SAMPLE ALCOHOL ABUSE INFO
Module 29
FAA SAMPLE DOCUMENTS - REPORT OF PROHIBITED ALCOHOL-RELATED CONDUCT - OTHER
Module 30
FAA SAMPLE DOCUMENTS - REPORT OF PROHIBITED ALCOHOL RELATED CONDUCT - PART 67
Module 31
FAA SAMPLE DOCUMENTS - REPORT OF REFUSAL TO SUBMIT - OTHER
Module 32
FAA SAMPLE DOCUMENTS - REPORT OF REFUSAL TO SUBMIT - PART 61 63 65
Module 33
FAA SAMPLE DOCUMENTS - REPORT OF VERIFIED POSITIVE DRUG TEST - OTHER
Module 34
FAA SAMPLE DOCUMENTS - REPORT OF VERIFIED POSITIVE DRUG TEST - PART 67
Module 35
FAA SAMPLE DOCUMENTS - SAMPLE TESTING POLICY
Module 36
SUMMARY REVIEW - EMPLOYER RESPONSIBILITIES SUPERVISOR TRAINING
Module 37
SUPERVISOR TRAINING - CONFRONTATION INTERVIEW PLANNER
Module 38
SUPERVISOR TRAINING - DRUGS OF ABUSE
Module 39
SUPERVISOR TRAINING - REASONABLE SUSPICION TESTING CHECKLIST
Module 40
DER TRAINING LINKS OF INTEREST
Module 41
49 CFR Part 40
Exam
FAA DER QUIZ
Built to meet training requirements in all 50 states.
Hardware
Software
Other requirements
The DER removes safety-sensitive aviation employees from duty when required, makes decisions in the testing process, and receives results for the employer. The role is defined in 49 CFR 40.3 and applies to 14 CFR Part 120 programs.
Yes. Under 49 CFR 40.3, the DER makes the required decisions in the testing process and acts for the employer. That means the DER must know Part 40 and 14 CFR Part 120. DOT's guidance for employers also says the DER should have knowledge of the testing process and the authority to make decisions about it. Training is how a DER builds that knowledge.
No. Service agents cannot act as DERs. The employer can use a TPA for program tasks but must keep its own DER.
The employer, under 49 CFR 40.355(i). Neither the TPA nor the collection site makes the final determination. One exception under 40.355(j) is a refusal based on an adulterated or substituted specimen, which the MRO decides. Once a refusal is determined, the employee must be removed from safety-sensitive duties and cannot return to any safety-sensitive function until completing the Substance Abuse Professional process.
At least two supervisors, one of whom is trained, must substantiate and agree with the decision under 14 CFR 120.109(d). An employer that is not a Part 121 certificate holder and has 50 or fewer safety-sensitive employees needs only one trained supervisor. Supervisors should complete FAA Reasonable Suspicion Training for Supervisors.
Remove the employee from safety-sensitive duty immediately on the MRO's first report. Do not wait for the written report or a split specimen result.
Employees who perform the safety-sensitive functions listed in 14 CFR 120.105 for drug testing and 14 CFR 120.215 for alcohol testing. Examples include flight crew, flight attendants, maintenance, dispatch, and ground security coordinators. Check the rule for the full list.
Often yes, since the employer must document it. FAA requires reasonable recurrent training for supervisors who make drug testing decisions, with no set interval. AC 120-126A calls 12 to 18 months a best practice, which FAA Annual Recurrent Training for Supervisors fits.
Often, yes. An employer must file a Management Information System (MIS) report with the FAA by March 15 for the prior calendar year if it is a Part 121 certificate holder, if it is any other FAA-regulated employer with 50 or more safety-sensitive employees on January 1, or if the FAA notifies it in writing that it must file. A service agent may prepare the report, but a company official, such as the DER, must certify that it is accurate and complete (14 CFR 120.119 and 120.229).
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