When an accident occurs involving one of your drivers with a CDL, a common reaction from many participants is to order post-accident federal drug testing. Requiring post-accident drug testing after all crash situations may seem logical. Still, DOT regulations are specific as to what a qualifying event is that triggers federal post-accident drug and alcohol testing.
So, what type of accident requires federal post-accident drug and alcohol testing?
Your company must conduct Federal DOT post-accident drug testing of your driver in the following situations:
For a driver with a CDL, an alcohol test must be completed within 2 hours, but no later than 8 hours. Any delays should be documented. Drug testing, on the other hand, should be done as soon as possible, but must be completed within 32 hours.
The following chart (382.303) depicts that individuals may require drug and alcohol tests after crashes.
|
Type of Accident Involved |
Citation Issued to the CMV Driver |
Test Must Be Performed by Employer |
|
Human Fatality |
Yes |
Yes |
|
Human Fatality |
No |
Yes |
|
Bodily Injury With Immediate Medical Treatment Away From the Scene |
Yes |
Yes |
|
Bodily Injury With Immediate Medical Treatment Away From the Scene |
No |
No |
|
Disabling Damage to Any Motor Vehicle Requiring Tow Away |
Yes |
Yes |
|
Disabling Damage to Any Motor Vehicle Requiring Tow Away |
No |
No |
Federal drug and alcohol testing is required if a death occurs, regardless of whether or not a citation is issued. It’s important to note that federal drug and alcohol testing is required if the driver was issued a citation and the vehicle was towed, or if a person was taken to a hospital following the accident. The DER (employer) must ensure completion of the drug test within 32 hours of the accident and the alcohol test within 8 hours. The DER must document and maintain a record on file if they did not perform the test for any reason within the required 8 or 32 hours.
Can I still test the driver if the accident does not qualify for a post-accident DOT federal drug test?
Yes, the company policy may require non-DOT post-accident drug testing.
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