An ongoing question we receive at Consortium Pool is in regard to the Department of Transportation (DOT) post-accident drug and alcohol testing. Our customers call for information and/or clarification about the Federal Motor Carrier Safety Administration (FMCSA) regulations.

Typically there are three circumstances where a post-accident drug and alcohol test must be conducted. The alcohol test needs to be conducted within two hours of the accident, while the drug test needs to be conducted within 32 hours of the accident.

If the driver receives a citation for a moving traffic violation and one or more of the vehicles involved in the accident is towed from the scene of the accident.
A test must always be conducted on a surviving driver when an accident involving a commercial motor vehicle results in death.
If the driver receives a citation for a moving traffic violation and one or more persons involved in the accident immediately receive medical treatment away from the scene of the accident.

The following is a post-accident checklist that we have gotten from Driving Ambition that will help provide more clarification:

Did the accident occur in a vehicle that requires a CDL?
1. If yes, proceed to question 2.
2. If no, you cannot test regardless of the licensing of the driver. Stop here.
Was there a fatality as a result of the accident within 8 hours of the accident?
1. If yes, send the driver forboth a drug and alcohol test. Stop here.
2. If no, proceed to question 3.
Was there a fatality as a result of the accident occurring beyond 8 hours following the accident, but within 32 hours?
1. If yes, send the driver for just drug testing, and document that alcohol testing could not be performed because it was past the allowable time frame for testing. Stop here.
2. If no, proceed to question 4. You cannot test if the fatality occurs beyond 32 hours after the accident. Testing would be based on other variables if they exist.
Was there an injury as a result of the accident that required treatment away from the scene?
1. If yes, proceed to question 6.
2. If no, continue with question 5.
Was there disabling damage to one of the vehicles involved in the accident that required towing?
1. If yes, proceed to question 6.
2. If no, stop here (i.e., no damage, no injury, no fatality). It does not qualify for testing.
Was your driver cited, plus does one of the situations listed in questions 4 and/or 5 exist?
1. If yes, proceed to question 7.
2. If no, the incident does not qualify for DOT testing.
Was the driver cited at the scene or within 8 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?
1. If yes, send the driver the driver for both a drug and alcohol test.
2. If no, proceed to question 8.
Was your driver cited later than 8 hours but within 32 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?
1. If yes, just test the driver for drugs and document that alcohol testing could not be performed since it was past the allowable time frame for testing.
2. If no, proceed to question 9.
Was the driver cited beyond 32 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?
1. If yes, you cannot conduct either test type. Document that it was beyond allowable time frame for testing. Stop here.

We hope this helps answer some of the questions owner-operators and independent drivers may have regarding DOT post-accident drug and alcohol testing. For further information, please contact us today.