DER Remove Employee: Immediate Action Required

Drug testing compliance is essential in safety-sensitive industries, and the Designated Employer Representative (DER) must take immediate action when an employee tests positive for drugs. Without hesitation, the DER remove employee from safety-sensitive duties after receiving a verified positive drug test result.

This guide explains the split specimen test, the DER’s responsibilities, and the risks of non-compliance.

Split Specimen Test: How It Works

A split specimen test exists to confirm the accuracy of drug test results. Here’s how the process works:

  1. First, at the collection site, the urine sample is split into two parts.
  2. Next, if the primary sample tests positive, the employee can request a split specimen test.
  3. However, this request must be made within 72 hours of notification.
  4. Then, a certified lab re-tests the second sample for confirmation.

When the DER remove employee, this process guarantees fairness while keeping workplace safety intact.

DER Remove Employee: No Delays Allowed

Acting on Verified Results

According to 49 CFR § 40.23, the DER remove an employee immediately after a verified positive, adulterated, or substituted test result.

Why Immediate Action Matters

The Medical Review Officer (MRO) reports the result to the DER immediately, regardless of whether the employee requests a split specimen test.

The DER must remove the employee from duty IMMEDIATELY—not next week, not after their shift, but right away.

DER Remove Employee: Timeline for Compliance

Action Responsibility Timeline
Notify employee of test result Medical Review Officer (MRO) Immediately
Request split specimen test Employee Within 72 hours
Report verified result MRO Immediately to DER
Remove employee from duties DER Upon receiving result

Non-Compliance: The Hidden Costs

Employers must act quickly to avoid legal and financial consequences.

DER Remove Employee: Severe Consequences of Non-Compliance

  • Financial

Failing to remove an employee can lead to fines ranging from $5,000 to $15,000 per violation.

  • Reputation

Contract losses and public trust issues arise from non-compliance.

  • Safety

Allowing an unfit employee to work can result in serious accidents and lawsuits.

Practical Tips for Employers

  • Establish Clear Drug Testing Protocols

      • Train all DERs to enforce immediate removal policies.
      • Regularly review drug testing procedures to stay compliant.

  • Communicate Transparently with Employees

    • Notify employees immediately of their test results.
    • Outline the next steps, including the split specimen option, clearly.
    • Split specimen testing can be expensive. Make sure employees know who will bear the cost if needed.

DER Remove Employee: Employee Responsibilities

Know Your Rights and Take Action

  • You have 72 hours to request a split specimen test.
  • You must stop performing safety-sensitive work after a positive test result.

Follow Employer Guidelines Immediately

  • If removed from duty, do not return to work until cleared.
  • Your compliance protects public safety and your career.

Compliance Protects Everyone

Employers and employees must follow FMCSA regulations to ensure workplace safety and legal compliance.

Need Help?

InOut Labs is a national provider of employee drug testing services, specializing in FMCSA compliance. Join our FMCSA consortium here: www.inoutlabs.com/consortium

Most of this article also applies to other employees regulated by the US Department of Transportation