FMCSA Post Accident Testing Guidelines

A. Certain employees are required to submit to post-accident urine drug testing as required by the US DOT and FMCSA guidelines.

B. An employee will submit a specimen for a drug test as soon as possible from the time of the reportable accident but no later than 32 hours after the time of the accident as defined in the table below. Alcohol testing must be conducted as soon as possible from the time of the reportable but no later than eight (8) hours from the time of the accident. The employee is prohibited from consuming alcohol for eight (8) hours following an accident.

C. If the employee is injured, the COMPANY retains the right to contact any treating medical facility and request that a controlled substance and alcohol test be obtained, or to obtain from the employee’s medical records, the result of any such test obtained during the course of treatment. The refusal of any employee to allow the collection of these specimens or to attempt to block the release of said specimen will result in the immediate medical disqualification of the employee.

D. No driver required to take a post-accident alcohol test under §382.303 shall use alcohol for eight (8) hours following the accident or until he/she undergoes a post-accident alcohol test, whichever occurs first.

E. An employee who fails to report an accident to the COMPANY and who fails to comply with the post-accident requirements of this policy will be presumed to be positive for the presence of a controlled substance resulting in the medical disqualification for employment with this Company.

The following table notes when an FMCSA DOT post-accident test is required:

Type of accident involved Citation issued to the CMV driverTest must be performed by the employer
Human fatality YES
NO
YES
YES
Bodily injury with immediate medical treatment away from the scene YES
NO
YES
NO
Disabling damage to any motor vehicle requiring tow away YES
NO
YES
NO

This table has been reproduced from Federal Motor Carrier Safety Administration 49 CFR Part 382 rules for Controlled Substances and Alcohol Use and Testing.

Post-Accident testing may be required under Company Policy even when FMCSA regulations do not require such testing. This would be non-DOT testing.

Trucking Accident

More Posts