Post-Accident drug testing can vary from a drug-free workplace to a workplace covered by the Department of Transportation. Post-accident testing is performed for a drug-free workplace when a personal injury requires the employee to leave the workplace in order to receive medical attention. Testing is also necessary if an individual causes another employee to receive a personal injury that requires the employee to leave the workplace for medical attention. Post-accident testing is also performed when there is no personal injury, but there are damages to company assets that exceed $500.00. The individual involved in the accident should report for testing as soon as possible. This means within a 24 hour time period following the accident.
The Department of Transportation (FMCSA) requires post-accident testing for individuals performing safety sensitive functions with a commercial motor vehicle that are involved in an accident and there is a loss of human life. Drug testing is also required for a driver who receives a citation under State or local law for a moving traffic violation from an accident, if the accident involved bodily injury to any person that had to seek immediate medical attention away from the scene of the accident. Testing is necessary when one or more vehicles suffers damages requiring a tow truck or other motor vehicle to remove the vehicle from the scene. The Department of Transportation requires a controlled substance test within 32 hours following the accident. An alcohol test is administered within two hours following the accident and no more than eight hours after the accident.
This table notes when a DOT post-accident test is required to be conducted.
|Type of Accident Involved||Citation Issued To The CMV Driver||Test Must Be Performed By Employer|
|Bodily Injury w/ Immediate Medical Treatment Away From the Scene||YES|
|Disabling Damage To Any Motor Vehicle Requiring Tow Away||YES|
Note: Post-accident testing does not apply to:
- An occurrence involving only boarding or alighting from a stationary motor vehicle; or
- An occurrence involving only the loading or unloading of cargo; or
- An occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle (as defined in 49 CFR Part 571.3) by an employer unless the motor vehicle is transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in
Post-accident testing is an important aspect to implement in a drug screening program. Enforcing this type of testing can help maintain a safe workplace and follow regulations. AMC provides a sample workplace policy covering information regarding post-accident testing upon enrolling in a drug screening program. However, if your company needs to be in compliance with the Department of Transportation, AMC offers a guidebook upon enrollment, detailing post-accident testing.
Additional DOT post-accident testing resources are found on the individual regulatory mode websites listed below:
FMCSA Post Accident FRA Post Accident PHMSA Post Accident FAA Post Accident FTA Post Accident USCG Post Accident