PHMSA Designated Employer Representative Training (DER) is an online course of approximately 2 hours for the DER at a pipeline or LNG operator, the person who removes employees from covered functions under 49 CFR 40.3 and 49 CFR Part 199. Topics include test types, reasonable cause testing, verified positives, refusals, contractor oversight, and annual MIS reports under 49 CFR 199.119 and 199.229. The course was developed by attorney Andrew David Easler, Esq. A certificate is issued on completion.
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Published March 5, 2019
Andrew David Easler, Esq.
Course Author
Andrew David Easler, Esq.
Course Instructor
PHMSA Designated Employer Representative Training (DER) is a self-paced online course of about 2 hours for the people who manage a pipeline or LNG operator's drug and alcohol testing program. It was developed by attorney Andrew David Easler, Esq. and is based on 49 CFR Part 199 and 49 CFR Part 40.
Under 49 CFR 40.3, the DER is the employee authorized to remove covered employees from covered functions, make required decisions in the testing and evaluation process, and receive test results for the employer.
The course explains the DER's responsibilities in PHMSA programs. Topics include:
The course uses practical examples, such as managing an employee showing signs of impaired performance. These examples help DERs apply the rules to the situations they are most likely to face.
DERs also learn how to keep records organized so they can be produced quickly during an inspection. Good records include test results, training records, policy acknowledgments, and contractor oversight documents.
Every PHMSA-regulated operator with covered employees needs a DER. No rule sets a DER training hour requirement. The DER makes the required decisions and acts for the employer, so the DER must know Part 40 and 49 CFR Part 199. Training is how a DER builds that knowledge.
The course is for compliance managers, HR staff, safety managers, and contractor coordinators at pipeline operators, LNG facilities, and their contractors who serve as the primary or backup DER.
Supervisors who make reasonable cause decisions should complete DOT Reasonable Suspicion Training for Supervisors. Employers regulated by other agencies should take the DER course for their agency, such as FMCSA Designated Employer Representative Training.
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 a PHMSA 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.
A trained DER helps the operator act on results quickly, keep contractor programs in line, and submit accurate annual reports.
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.
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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.
Run a pipeline or LNG operator's testing program under 49 CFR Part 199 and 49 CFR Part 40, including testing and refusal decisions.
Use Part 199 and Part 40 terms and the PHMSA audit protocols when preparing for an inspection.
Pass the online PHMSA DER quiz with a score of 75% or higher.
Handle cases such as an employee showing signs of impaired performance or a verified positive reported by the MRO.
Apply the testing rules while protecting the employee's privacy and the confidentiality of results.
Confirm that contractors' covered employees are tested and keep the oversight records PHMSA expects.
26 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
PHMSA REGULATIONS - PROGRAM OVERVIEW
Module 17
PHMSA - REGULATIONS 49 CFR PART 199
Module 18
PHMSA COMBINED DRUG AND ALCOHOL MISUSE AUDIT PROTOCOLS
Module 19
PHMSA ALCOHOL MISUSE AUDIT PROTOCOLS
Module 20
PHMSA 49 CFR 199.105 QUESTIONS AND ANSWERS
Module 21
SUMMARY REVIEW - EMPLOYER RESPONSIBILITIES SUPERVISOR TRAINING
Module 22
SUPERVISOR TRAINING - CONFRONTATION INTERVIEW PLANNER
Module 23
SUPERVISOR TRAINING - DRUGS OF ABUSE
Module 24
SUPERVISOR TRAINING - REASONABLE SUSPICION TESTING CHECKLIST
Module 25
DER TRAINING - LINKS OF INTEREST
Module 26
49 CFR Part 40
Exam
PHMSA DER QUIZ
Built to meet training requirements in all 50 states.
Hardware
Software
Other requirements
The DER removes covered pipeline and LNG employees from duty when required, makes decisions in the testing process, and receives results. The role is defined in 49 CFR 40.3 and applies to Part 199 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 199. 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.
Only for the contractor's own covered employees, and only if your contract provides for it under 49 CFR 199.115 and 199.245. The operator remains responsible for compliance, including making sure its contractors' covered employees are tested.
No. Service agents cannot act as DERs. A TPA can run program tasks, but the employer must have its own DER.
The employer, under 49 CFR 40.355(i). Neither the TPA nor the collection site makes the final determination. For PHMSA-regulated operators, the practical exception is a refusal based on an adulterated or substituted specimen, which the MRO decides under 40.355(j). A refusal requires removal from covered functions and completion of the Substance Abuse Professional process before return.
Remove the employee from covered functions immediately on the MRO's first report. Do not wait for the written report or split specimen result.
For drugs, two supervisors, one of them trained, must agree on the decision under 49 CFR 199.105(d). Operators with 50 or fewer covered employees need only one trained supervisor. For alcohol, a trained supervisor must base the decision on specific observations of appearance, behavior, speech, or body odor under 49 CFR 199.225(b). Supervisors should complete DOT Reasonable Suspicion Training for Supervisors.
Operators with more than 50 covered employees must submit annual Management Information System reports by March 15 under 49 CFR 199.119 for drugs and 199.229 for alcohol. Operators with 50 or fewer file only when PHMSA requests them. The DER or a TPA usually prepares them.
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