DER Quick Reference Guide for Reasonable Suspicion

Reasonable suspicion testing is the most legally scrutinized area of DOT compliance—improperly documented observations trigger wrongful termination lawsuits averaging $150,000+, discrimination claims, and challenges to positive test results that reinstate fired drivers with back pay. This guide condenses DSC's DER coaching (used to support 600+ reasonable suspicion events with zero successful wrongful termination challenges) into a pocket-sized format that supervisors can use during high-pressure moments.

The 8-page waterproof field guide provides step-by-step procedures, observation documentation templates, and legal safeguards that protect both safety and defensibility when supervisors suspect impairment.

Keep the guide in every terminal, fleet manager's desk, and supervisor's vehicle. Laminated format survives job site conditions and dock environments. Includes QR code linking to DSC's 24/7 DER hotline for real-time coaching during active reasonable suspicion events. Reduce the risk of missed documentation that could compromise terminations, trigger wrongful termination lawsuits, or fail DOT audits.

• Behavioral cues for drugs versus alcohol: Observable signs organized by substance category (stimulants, opioids, cannabis, alcohol) with specific physical symptoms, behavioral changes, and performance indicators
• Removal decision criteria: Clear thresholds for when to remove drivers from duty immediately versus monitoring situations—with supervisor liability protections
• Documentation templates: Pre-formatted observation forms that satisfy 49 CFR §382.307 requirements and withstand legal scrutiny during wrongful termination litigation
• Scripts for discreet driver conversations: Word-for-word language that preserves driver dignity while maintaining compliance and documentation integrity
• Transportation and separation procedures: Safe driver removal protocols that prevent additional liability (preventing drivers from operating personal vehicles while impaired)
• Escalation triggers: Decision points for involving DSC emergency response, legal counsel, HR, and MRO teams based on severity and risk factors
• Refusal handling: Procedures when drivers refuse testing, including required documentation and Clearinghouse reporting obligations