A post-accident drug test is not always required if you do not have a citation; it depends on the accident’s severity. A test is mandatory if there was a fatality, but if there was injury requiring medical attention or disabling damage requiring a tow, a citation is necessary for a test to be required under federal regulations.
When a drug test is required
- Fatality: A test is required if the accident resulted in a human fatality, regardless of whether a citation was issued to the driver.
- Injury + Citation: A test is required if there was an injury that required medical treatment away from the scene, and the driver was issued a citation.
- Towing + Citation: A test is required if a vehicle was disabled and needed to be towed, and the driver was issued a citation.
When a drug test is not required
- Under federal regulations, a test is not required if the accident involved only minor property damage, there were no fatalities, no injuries requiring away-from-the-scene medical treatment, and no vehicle was towed. In these cases, a citation is not issued, and therefore, a post-accident drug test is not mandatory.
Important considerations
- Employer policy: Some employers may have a policy that requires a drug test for any accident, regardless of citations or severity. Always check your company’s specific policies.
- State and local laws: State or local laws might have different requirements than federal rules, so always check local regulations as well.
- OSHA guidelines: The Occupational Safety and Health Administration (OSHA) discourages employers from automatically testing employees after every work injury, as it could be seen as a deterrent to reporting injuries. However, they state that an employer can require a test if there is a potential connection between impairment and the cause of the accident.
Here is the summary on when to send a driver for drug test for Post Accident (Chart 382.303).
- Human Fatality
- Citation Issued? Yes: Send the driver for drug test
- No Citation: Still Send the driver to drug test
- Bodily Injury with immediate medical treatment away from scene
- Citation Issued? Send the driver for drug test
- No Citation: No need to send the driver for drug test
- Disabling Damage to Any Motor Vehicle Requiring Tow Away
- Citation Issued? Send the driver for drug test
- No Citation: No need to send the driver for drug test
The reader should not that for a DOT post-accident drug test, the timeframe is crucial: an alcohol test must be done within 8 hours and a drug test within 32 hours
For more information, please visit FMCSA website
To join IPS DOT Drug Testing Program and Consortium please click IPS Drug Testing
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