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Post Accident Test

$65.00

Drug and alcohol tests may be required after crashes according to the following chart (§382.303):

Description

Post Accident Drug Test

 

382.303   Post-accident testing.

(a) Alcohol Testing After an Accident:

As promptly as possible following an incident involving a commercial motor vehicle in commerce on a public road, employers are required to conduct alcohol testing for surviving drivers who fall under either of the following conditions:

  1. Those performing safety-sensitive functions with respect to the vehicle, if the accident resulted in loss of human life.
  2. Those who receive a citation within 8 hours of the incident under State or local law for a moving traffic violation arising from the accident, provided the accident involved: i. Bodily injury requiring immediate medical treatment away from the scene. ii. Disabling damage to one or more motor vehicles, necessitating transportation away by a tow truck or other vehicle.

(b) Controlled Substances Testing After an Accident:

Employers must conduct controlled substances testing for surviving drivers in the following scenarios:

  1. Those performing safety-sensitive functions with respect to the vehicle, if the accident resulted in loss of human life.
  2. Those who receive a citation within thirty-two hours of the incident under State or local law for a moving traffic violation arising from the accident, provided the accident involved: i. Bodily injury requiring immediate medical treatment away from the scene. ii. Disabling damage to one or more motor vehicles, necessitating transportation away by a tow truck or other vehicle.

(c) Post-Accident Testing Timeline:

Refer to the following table for when post-accident tests are required according to the respective paragraphs in sections (a) and (b).

(d) Record Maintenance:

  1. For alcohol tests, if not administered within two hours following the accident, the employer must maintain a record stating the reasons. If not administered within eight hours, the same record must be kept.
  2. For controlled substance tests, if not administered within 32 hours following the accident, the employer must maintain a record stating the reasons.

(e) Driver Availability for Testing:

Drivers subject to post-accident testing must remain readily available, and failure to do so may be considered a refusal to submit to testing. However, necessary medical attention for injured individuals or obtaining emergency care does not require delay.

(f) Employer Responsibilities:

Employers are obligated to provide drivers with post-accident information, procedures, and instructions before operating a commercial motor vehicle, facilitating compliance with this section.

(g) Testing Results by Independent Officials:

  1. Breath or blood tests for alcohol conducted by Federal, State, or local officials with independent authority are acceptable if they conform to applicable testing requirements and results are obtained by the employer.
  2. Urine tests for controlled substances conducted by officials with independent authority are considered valid if they conform to applicable testing requirements, and results are obtained by the employer.

(h) Exception:

This section does not apply to:

  1. Occurrences involving boarding or alighting from a stationary motor vehicle.
  2. Occurrences involving only loading or unloading of cargo.
  3. Occurrences during the operation of a passenger car or multipurpose passenger vehicle by an employer, unless transporting passengers for hire or hazardous materials requiring marking or placarding.