FRA Designated Employer Representative Training (DER) is an online course of approximately 2 hours for the DER at a railroad under 49 CFR 40.3 and 49 CFR Part 219. It explains how routine FRA testing follows Part 40 while post-accident toxicological testing follows Subpart C, and covers reasonable suspicion rules in 49 CFR 219.303, the 8-hour limit in 219.305, verified positives and refusals. 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
FRA Designated Employer Representative (DER) is an online course of approximately 2 hours for the people who manage a railroad's drug and alcohol testing program. It was created by Andrew David Easler, Esq., an attorney and subject matter expert on drug and alcohol testing.
Under 49 CFR 40.3, the DER is the employee authorized to remove regulated employees from service, make required decisions in the testing and evaluation process, and receive test results for the railroad. For railroads, those duties apply to programs under 49 CFR Part 219.
The course explains how FRA testing works and what the DER must do. Topics include:
Post-accident toxicological testing is where FRA programs differ most from other DOT programs. The DER often coordinates with supervisors at the scene, arranges for specimens to be collected under FRA procedures, and makes sure the right forms and kits are used. Under 49 CFR 219.209(a)(1), the railroad must promptly call the National Response Center at (800) 424-8802 and FRA's Office of Safety at (202) 493-6313. If a specimen cannot be obtained, 219.209(b) requires an immediate call to the FRA Drug and Alcohol Program Manager plus a written report. Knowing these steps in advance helps the railroad respond quickly and correctly.
The DER also keeps the program's records organized so they can be produced during an FRA review, including test results, training records, and policy documents.
Every railroad with a Part 219 testing program needs a DER. No rule sets a DER training hour requirement. The DER makes the required decisions and acts for the railroad, so the DER must know Part 40 and 49 CFR Part 219. Training is how a DER builds that knowledge.
The course is for HR managers, safety officers, compliance staff, and managers at railroads and railroad contractors who serve as the primary or backup DER.
Supervisors need separate training. FRA supervisor training includes signs and symptoms training and post-accident toxicological testing training, covered in FRA Reasonable Suspicion & Toxicological Testing Training.
A certificate of completion can be downloaded right after passing the online exam. Keep it with your drug and alcohol program records so it is ready for an FRA review.
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.
Questions about your course? Our US-based trainers help learners, managers, and supervisors by phone or email during business hours and respond quickly.
Train on any computer, phone, or tablet. Courses stay open until you finish, so learners can work at their own pace with no deadline.
Buy course credits now and assign them when you need them. Credits never expire until a learner accepts an invitation, and volume discounts apply at checkout.
Learners can start their course the moment they register or accept an invitation. Managers get their credits right away and can enroll employees with no waiting.
Learners download their certificate as soon as they pass the exam. Managers can view and download certificates for their whole team from one account.
Buy two or more credits and get a free manager account. Invite employees, track completions, and keep training records in one place.
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.
Run a railroad's drug and alcohol testing program under 49 CFR Part 219 and 49 CFR Part 40, including testing and refusal decisions.
Use FRA and Part 40 terms and pass the online exam with a score of 75% or higher.
37 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
RECORDKEEPING
Module 15
DOT AGENCY RECORDKEEPING REQUIREMENTS
Module 16
FRA REGULATIONS - PROGRAM OVERVIEW
Module 17
FRA MODEL COMPLIANCE PLAN
Module 18
FRA MODEL COMPLIANCE PLAN FOR SMALL RAILROADS
Module 19
FRA MODEL COMPLIANCE PLAN FOR RAILROAD CONTRACTORS
Module 20
PRESCRIPTION AND OVER-THE-COUNTER MEDICATION POLICY
Module 21
PRESCRIPTION AND OVER-THE-COUNTER MEDICATION TRAINING AND POLICY TOOLKIT
Module 22
EMPLOYEE HANDOUT - WHAT YOU NEED TO KNOW
Module 23
FRA 2019 RANDOM TESTING RATES
Module 24
FRA POST ACCIDENT TESTING - GUIDANCE AND DEFINITIONS (OCTOBER, 2018)
Module 25
FRA POST ACCIDENT CRITERIA FLOW CHART (OCTOBER, 2018)
Module 26
FRA ACCIDENT INFORMATION REQUIRED FOR POST-ACCIDENT TOXICOLOGICAL TESTING (JUNE, 2017)
Module 27
FRA NOTICE ON COLLECTION OF POST-MORTEM TOXICOLOGY SPECIMENS (FEBRUARY, 2013)
Module 28
FRA - POST-ACCIDENT TESTING BLOOD-URINE CUSTODY AND CONTROL FORM
Module 29
DOT MIS REPORTING FORM (SEPTEMBER, 2012)
Module 30
FRA POST-ACCIDENT TOXICOLOGICAL TESTING INSTRUCTIONS FOR SURVIVING EMPLOYEES
Module 31
FRA POST-ACCIDENT NOTICE TO LAW ENFORCEMENT
Module 32
FRA SUPERVISOR TRAINING REQUIREMENTS
Module 33
FRA POST-ACCIDENT TRAINING COMPONENT PRESENTATION
Module 34
SUPERVISOR TRAINING - CONFRONTATION INTERVIEW PLANNER
Module 35
SUPERVISOR TRAINING - DRUGS OF ABUSE
Module 36
SUPERVISOR TRAINING - REASONABLE SUSPICION TESTING CHECKLIST
Module 37
DER TRAINING - LINKS OF INTEREST
Exam
FRA DER QUIZ
Built to meet training requirements in all 50 states.
Hardware
Software
Other requirements
The DER removes regulated railroad employees from service when required, makes decisions in the testing process, and receives results. The role is defined in 49 CFR 40.3 and applies to Part 219 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 49 CFR Part 219. 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.
Routine FRA testing, such as pre-employment, random, and reasonable suspicion tests, follows Part 40. Post-accident toxicological testing under Part 219 Subpart C is different. It follows FRA's own rules and procedures.
For alcohol, one trained supervisor can decide. A drug test requires two supervisors, at least one of whom must be on site and trained. These rules are in 49 CFR 219.303.
As soon as possible. Under 49 CFR 219.305(b), if the test is not given within 2 hours of the decision, the railroad must record why. If it still has not been given within 8 hours, the railroad stops trying and records the reasons.
The railroad. Neither the TPA nor the collection site makes the final determination. Under FRA rules, an employee who refuses a required test, including by submitting an adulterated or substituted specimen, must be removed from regulated service for nine months and given written notice. Return requires return-to-duty and follow-up testing (49 CFR 219.107). They must complete the Substance Abuse Professional process before returning to safety-sensitive work.
No. Service agents cannot act as DERs. A TPA can run program tasks, but the railroad must have its own DER.
Yes. FRA supervisor training includes signs and symptoms training and post-accident toxicological testing training. Supervisors should take FRA Reasonable Suspicion & Toxicological Testing Training.
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