USCG Designated Employer Representative Training (DER) is an online course of approximately 2 hours for the designated employer representative (DER) at a marine employer under 49 CFR 40.3 and 46 CFR Parts 4 and 16. Topics include serious marine incident testing windows in 46 CFR 4.06-3, reasonable cause testing under 46 CFR 16.250, verified positives, refusals, and working with consortiums, collectors, laboratories and MROs. The course was developed by attorney Andrew David Easler, Esq. A certificate is issued on completion.
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Published June 2, 2019
Andrew David Easler, Esq.
Course Author
Andrew David Easler, Esq.
Course Instructor
USCG Designated Employer Representative Training (DER) is a self-paced online course of about 2 hours for the people who run a marine employer's drug and alcohol testing program. It was developed by attorney Andrew David Easler, Esq. and is based on 49 CFR Part 40 and the Coast Guard rules in 46 CFR Parts 4 and 16.
Under 49 CFR 40.3, the DER is the employee authorized to remove crewmembers from safety-sensitive duties, make required decisions in the testing and evaluation process, and receive test results for the employer.
The course covers the DER's duties in Coast Guard programs. Topics include:
These rules matter most on a working vessel, where crewmembers may be offshore and testing must be arranged quickly.
Every marine employer with a Coast Guard testing program 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 46 CFR Parts 4 and 16. Training is how a DER builds that knowledge.
The course is for owners, port captains, operations managers, HR staff, and office personnel at vessel operators who serve as the primary or backup DER. Many marine employers use a consortium for random testing, but they must still name their own DER.
Supervisors who may decide on reasonable cause testing should complete DOT Reasonable Suspicion Training for Supervisors. Trucking and pipeline employers should take FMCSA Designated Employer Representative Training or PHMSA Designated Employer Representative Training (DER).
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 Coast Guard 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.
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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 marine employer's drug testing program under 46 CFR Part 16 and 49 CFR Part 40.
Explain the employer's drug and alcohol policy and testing procedures to crewmembers and supervisors.
Decide when a test is required and when the facts support an employer determination that a crewmember refused.
Manage pre-employment, periodic, random, serious marine incident and reasonable cause testing under 46 CFR Part 16.
Remove a crewmember as soon as practicable after the MRO's first report of a verified positive, report a credentialed mariner's failed drug test in writing to the nearest OCMI, and follow the Substance Abuse Professional process before return.
Protect the confidentiality of test results and limit them to people who need them.
Apply the 2-hour alcohol and 32-hour drug collection windows in 46 CFR 4.06-3 and record the reason on Forms CG-2692 and CG-2692B when testing is not done.
Base a reasonable cause decision on direct observation of specific signs of probable drug use, with two supervisors where practicable.
Check Coast Guard and ODAPC sources for rule changes and update the program when they change.
Keep the testing records Part 40 and Part 16 require so they are ready for a Coast Guard review.
Pass the online exam with a score of 75% or higher.
Work with consortiums, collectors, laboratories and MROs while keeping the employer's own DER duties.
23 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, AUDITS, AND INSPECTIONS
Module 15
DOT AGENCY RECORDKEEPING REQUIREMENTS
Module 16
USCG MARINE EMPLOYERS DRUG TESTING GUIDE
Module 17
USCG - DRUG TESTING FAQ
Module 18
SUMMARY REVIEW - EMPLOYER RESPONSIBILITIES SUPERVISOR TRAINING
Module 19
SUPERVISOR TRAINING - CONFRONTATION INTERVIEW PLANNER
Module 20
SUPERVISOR TRAINING - DRUGS OF ABUSE
Module 21
SUPERVISOR TRAINING - REASONABLE SUSPICION TESTING CHECKLIST
Module 22
DER TRAINING - LINKS OF INTEREST
Module 23
DER TRAINING - DOT EMPLOYEE HANDBOOK
Exam
DER USCG EXAM
Built to meet training requirements in all 50 states.
Hardware
Software
Other requirements
An employee the marine employer authorizes to remove crewmembers from safety-sensitive duty, make testing decisions, and receive results. The definition is in 49 CFR 40.3 and applies to USCG programs under 46 CFR Parts 4 and 16.
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 46 CFR Parts 4 and 16. 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.
Alcohol and drug testing of each person directly involved. Alcohol testing must happen within 2 hours unless safety concerns prevent it, and is not required after 8 hours. Drug specimens must be collected within 32 hours under 46 CFR 4.06-3(b). If safety concerns prevent that, collect as soon as they are addressed. If alcohol testing is not performed or drug specimens are not collected, document the reason on Forms CG-2692 and CG-2692B under 46 CFR 4.06-3(a)(3) and (b)(2).
No. Service agents cannot act as DERs. Many marine employers use a consortium for random testing but must still name their 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. A refusal requires removal from safety-sensitive duty and completion of the Substance Abuse Professional process before return.
Remove the crewmember from duties that directly affect safe vessel operation as soon as practicable after the MRO's first report. Do not wait for the written report or split specimen result. If a credentialed mariner fails a DOT drug test, the marine employer must also report the result in writing to the nearest Coast Guard Officer in Charge, Marine Inspection (OCMI). The mariner's credential may face suspension or revocation proceedings (46 CFR 16.201(c)).
The marine employer. Under 46 CFR 16.250(b), the belief must come from direct observation of specific, current physical, behavioral, or performance signs of probable drug use. Where practicable, two supervisors should observe the crewmember. Supervisors should complete DOT Reasonable Suspicion Training for Supervisors.
Yes. It covers Coast Guard rules such as serious marine incident testing. Trucking and pipeline employers should take FMCSA Designated Employer Representative Training or PHMSA Designated Employer Representative Training (DER).
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