FMCSA Post Accident Drug Testing

Written by Nick Webster

Published on April 20, 2023, 11 a.m.

FMCSA Post Accident Drug Testing

When it comes to FMCSA post accident drug testing, safety is the name of the game. It's designed to ensure that truck drivers are not impaired by drugs when they're on the road. After an accident, truck drivers must submit a urine sample for analysis and may also be asked to take a breathalyzer test. DOT Post Accident Drug Testing.

If any traces of illegal substances are found in the driver's system, then they can face serious consequences, including loss of their license and hefty fines. So if you want to stay safe and stay legal on the road, make sure you know about FMCSA post accident drug testing! Also, take a look at Drug and Alcohol Program policy. What is DOT Clearinghouse Enforcement?

What Form of Accident Leads to a Federal Post-Accident Drug and Alcohol Test?

DOT regulations require post-accident drug testing of your driver in any instance involving:

  • the death of a person
  • need for medical attention away from the scene
  • moving violation citation with disabling damage to one or more vehicles
  • receipt of a moving violation citation

For alcohol tests involving CDL drivers, they must be completed within two hours; however, if they cannot be done in this timeframe, documentation should be provided explaining the delay up to 8 hours after the incident. Read here about Starting a Trucking Company Correctly.

The FMCSA Post-Accident Drug Testing Policy of Carriers

To ensure your company, the driver, and yourself are protected, it's important to provide all CDL-licensed drivers with the necessary information regarding what to do post-accident. Your drug and alcohol testing policy should include such info. Make sure you have a copy of your company policy readily available for all drivers. Here are some things that should be included:

After an accident, drivers are expected to make themselves available for testing. If they do not comply with this request, it will be treated as if they had tested positive. However, the safety and well-being of the driver and any other parties involved in the accident come first. Thus, if medical assistance is required, the driver may leave the scene of the accident to seek such help. What is DOT SAP Program?

Following medical treatment, drivers are then expected to return for post-accident testing whenever possible. Also, until after a post-accident alcohol test or 8 hours pass—whichever comes first—drivers must abstain from consuming alcohol. How To Request the DOT PIN Number?

Does EveryOccurrence” Require Drug Testing?

If you're unsure of whether or not you need to perform FMCSA post-accident testing for drugs and alcohol, understanding the regulations outlined in 49 CFR Part 382 is key. The rules set by the FMCSA and Department of Transportation detail what constitutes an accident. If you'd like to dive into the nitty gritty details, those are available on their websites. Or, you can give our organization a phone call and ask s many questions as you’d like. Visit DOT Authority Package, Tips to prepare for 2023 DOT Week filings in minutes. How to get Oregon Trip And Fuel Permit?

So, Does My Carrier Need To Conduct Post-Accident Drug and Alcohol Testing?

To ensure compliance with FMCSA post-accident drug and alcohol testing regulations, it is important to first determine whether or not the driver was performing safety-sensitive functions at the time of the incident. If so, and if the commercial motor vehicle was being used for commerce, then you must determine what type of testing is required. Also visit the website link.

Alcohol tests should be conducted within eight hours following an accident while drug tests can take up to 32 hours post-incident, as many drugs remain in a person's system longer than alcohol. Therefore, it is important to recognize that different time frames apply for each type of test when assessing FMCSA requirements. Must visit FMCSA Hours of Service Suspended topics.

If someone is killed in an accident, the driver involved must take an alcohol test required by the FMCSA. It doesn't matter if the driver was at fault for the incident. Also, an alcohol test may be necessary when a driver receives a traffic violation citation within 8 hours of the occurrence and either:

  • Individuals involved need medical treatment away from the scene due to bodily injury. Must visit the website link.

  • Any vehicle incurs disabling damage necessitating a tow.

These cases require FMCSA post-accident alcohol testing as well. It's important that drivers know these requirements to ensure they are always compliant with FMCSA regulations.

What If a Driver Dies From an Accident Once the Time Cutoffs for Testing?

For a more accurate measure of alcohol and drugs in the driver's system, tests should be conducted soon after an accident. If the death happened more than eight hours after the incident then no alcohol testing should be done; while if it occurred 32 or more hours later drug testing would not yield useful results. Read about Texas DOT Number and USDOT Number. Learn here How to Prepare for a Compliance DOT Audit.

Note that this is only applicable if no citation was issued against the driver prior to their passing away. If they did receive one, necessary tests should have been administered already regardless of whether they passed or failed. It is likely that someone had sustained bodily harm during the accident, hence why such measures are necessary even after a fatality has occurred. Importance of The FMCSA 30-Minute Break Rule.

What Are Common Post-Accident Testing Procedures?

If you don't have a C/TPA (consortium/third-party administrator) in place, it's advisable to find one. Working with a third-party administrator will make the drug and alcohol testing process much easier and more efficient for all involved. So once you know that an employee needs to be tested, your C/TPA can provide instructions on where they need to go. This way, the driver can receive the necessary testing without delay. What are the Top 3 DOT paper appointed Violations?

Without a pre-established testing site, it can be difficult to arrange a post-accident test if the accident is not confined to one area. Despite this potential hurdle, the FMCSA still requires that any DOT drug or alcohol tests conducted after an accident are performed according to their established procedures. This ensures that all post-accident tests are held up to the same standards as any other DOT tests and helps ensure accurate results for employers and employees alike. Check out The Basics of Farm Exemptions. You will then have the ability to maintain complete motor carrier authority or broker.

Key Points: The Basics of FMCSA Post-Accident Drug Testing

  • Post-accident drug and alcohol testing must be done by employers of certain CMV drivers.

  • The FMCSA requires that these tests are completed within 32 hours following the accident, unless the driver receives medical treatment outside of this window. What is Unified Carrier Registration?

  • The test protocol must include a urine sample and an observation period where a licensed health care practitioner observes the driver providing a urine specimen to ensure accuracy.

  • Drivers who refuse to submit to drug or alcohol testing face serious repercussions including disqualification from driving for at least one year.

  • Employers subject to FMCSA regulations need to have written procedures in place for post-accident drug testing which must be made available for review upon request.