The University, Medical Center, or College at Wise employee authorized to determine when an individual in a safety-sensitive function may be removed from duty or cause employees to be removed from covered duties and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer, consistent with the requirements of this part. Service agents cannot act as DERs.

• Service Agent: Any person or entity, other than an employee of the employer, who provides services specified under 49 CFR Part 40, to employers and/or employees in connection with Department of Transportation drug and alcohol testing requirements. This includes, but is not limited to, collectors, breath alcohol technicians (BATs) and screening test technicians (STTs), laboratories, medical review officers (MROs), substance abuse professionals, and consortium/third-party administrators (C/TPAs). To act as service agents, persons and organizations must meet the qualifications set forth in applicable sections of this part. Service agents are not employers for the purpose of implementing FMCSA drug and alcohol testing regulations.