Post-Accident Testing: When It Is Required and the Time Limits

After a crash, everyone is focused on the scene, the driver and the truck. Drug and alcohol testing can slip through the cracks. But post-accident testing has strict criteria and strict deadlines, and missing them is a violation.

The rule is 49 CFR 382.303. Here is how to apply it.

When a test is required

Post-accident testing is required based on what happened, not on who was at fault. Under 49 CFR 382.303, an employer must test a driver after an accident involving a CMV on a public road in commerce in these situations:

1. The accident involved a fatality. Test each surviving driver who was performing safety-sensitive functions with respect to the vehicle. No citation is needed.
2. Someone was injured and treated away from the scene, and the CMV driver received a citation for a moving traffic violation arising from the accident.
3. A vehicle was towed due to disabling damage, and the CMV driver received a citation for a moving traffic violation arising from the accident.

So, in simple terms:

• Fatality: always test.
• Injury with treatment away from the scene plus citation: test.
• Disabling damage tow-away plus citation: test.
• Injury or tow-away with no citation to your driver: no DOT post-accident test required.

The citation must come within the test time limits described below. Many carriers find a printed chart in each truck helps drivers and dispatchers make the call quickly.

The time limits

These deadlines are the heart of the rule.

Alcohol

• Test within 2 hours after the accident whenever possible.
• If the test is not done within 2 hours, prepare and keep a record explaining why.
• If it is not done within 8 hours, stop trying and document the reasons.

Controlled substances

• Test within 32 hours after the accident.
• If it is not done within 32 hours, stop trying and document the reasons.

The clock starts at the time of the accident, not when you learned about it. That is why drivers need to call in right away.

Driver responsibilities

A driver who is subject to post-accident testing:

• Must not use alcohol for 8 hours after the accident, or until they take a post-accident alcohol test, whichever comes first (49 CFR 382.209).
• Must remain readily available for testing. A driver who leaves the scene without justification or cannot be reached may be treated as refusing.

Of course, drivers should never delay necessary medical care to take a test. The rule does not require that.

Employer responsibilities

Under 49 CFR 382.303, employers must give drivers the necessary post-accident information, procedures and instructions before an accident happens, so drivers can comply. In practice, that means:

• A written post-accident procedure in every truck.
• Phone numbers for dispatch, your safety contact and your collection network.
• A clear chart of which accidents require testing.
• Instructions for finding a collection site on the road.

Tests conducted by federal, state or local law enforcement may, in certain conditions, be used to meet the requirement if you obtain the results and they meet the rule’s standards. Do not count on this as your plan. Arrange your own DOT test when one is required.

After the test

Once the test is done:

• File the results with your drug and alcohol program records.
• Record the accident on your accident register if it meets the definition in 49 CFR 390.5.
• If a test was not completed within the time limits, keep the written explanation.
• If a result is positive or the driver refused, remove the driver from safety-sensitive functions and follow the required steps, including Clearinghouse reporting where it applies.

Also remember that DOT prohibits marijuana use by safety-sensitive employees regardless of state law.

These records tie together across your program. DOT Compliance Watch keeps drug and alcohol testing records, accident records and driver files organized in one place, so you can show the full picture when asked. Actual testing is handled by your collection site, lab and MRO.

A post-accident checklist

Keep this simple enough for a stressed driver and dispatcher:

1. Make sure everyone is safe and get medical help if needed.
2. Call dispatch or the safety contact immediately.
3. Determine: fatality? Injury treated away from scene? Tow-away? Citation to our driver?
4. If a test is required, get the driver to a collection site. Aim for alcohol within 2 hours.
5. Tell the driver not to drink alcohol for 8 hours or until tested.
6. Document times: accident, notification, arrival at the collection site, tests completed.
7. Write down reasons for any delay.

Situations like multi-vehicle crashes, crashes on private property or delayed citations can be tricky. When unsure, check with your consortium, MRO or a qualified advisor. See our FAQ for more.

Be ready before the crash

Post-accident testing only works if your drivers know the plan before the worst day happens. Organize your procedures and records now. Start your 14-day free trial today.