FMCSA Post-Accident Drug Testing Requirements

Try as you might to avoid them, you could still get into traffic accidents while on the job. In addition to an updated new entrant audit, you’ll have to run the gauntlet of FMCSA post-accident drug testing requirements. But post-accident testing protects you and any other parties involved. 

Our team at FMCA Filings outlines the testing requirements you can expect during post-accident proceedings. 

Accidents That Necessitate Post-accident Testing

The five most common types of accidents involving commercial motor vehicles are as follows:

· Traffic accidents where one or more fatalities occur

· Accidents where one or more people need professional medical assistance

· Accidents in which one or more of the vehicles involved are totaled

· Accidents in which you, the driver, receive a violation

· Accidents in which the CDL driver participated in some manner of safety-sensitive functions

Essentially, accidents with extreme damage to people or vehicles call for FMCSA post-accident drug testing. 

Types of Tests Administered

In the wake of qualifying accidents, carrier representatives will administer two tests: one for alcohol consumption and one for consumption of substances that could affect the driver’s ability to operate a vehicle safely. As the driver, you should stand by to provide all needed samples. Otherwise, your employer may make notes that you refused to test. 

If the employer doesn’t record alcohol test results within eight hours of the incident, they must note why. Professional representatives from the carriers should ideally administer alcohol tests to CDL drivers within two hours of the documented incident. Beyond the eight-hour period, you cannot submit to alcohol testing. 

You must complete a test for controlled substance use within 32 hours of the incident. Otherwise, your employer will note refusal as the reason behind a lack of test results. 

Test Administration

How are tests administered to CDL drivers? During an alcohol test, you may submit to a breathalyzer that detects the alcohol in the breath you exhale. Sometimes, blood tests are required in addition to or in lieu of a breathalyzer. 

Tests for controlled substances typically require a urine sample. You will provide the sample in a controlled environment under the supervision of medical personnel. 

Accident Exceptions

Sometimes, exceptions apply to drug testing after an accident. For example, the FMCSA has guidelines regarding foreign drivers or vehicle operations on foreign soils, such as Mexico or Canada. Other exceptions might pertain to your situation, including:

· Getting on or off your vehicle

· Unloading or loading freight

· Certain instances involving passenger cars connected to the employer

Although these exceptions may apply to your incident, your company’s policy might still mandate them. 

Stay on Top of FMCSA Post-accident Drug Testing Requirements and Other Topics With Federal Motor Carrier Authority Filings

Accidents aren’t the only cases in which you might undergo substance tests. The DOT and FMCSA require all drivers to participate in a random drug and alcohol testing program and FMCSA post-accident drug testing. You must follow a unique protocol and fill out the appropriate paperwork during any such test, regardless of the reasons. 

Stay on top of updates and changes regarding your permits, filings, and other information with FMCA Filings.