What is DOT Post Accident Drug Testing?

DOT Post Accident Drug Testing is a specific type of drug testing that the US Department of Transportation (DOT) requires commercial drivers to undergo following a DOT recordable accident.

This type of DOT drug testing is intended to help ensure that drivers were not impaired by drugs or alcohol when a crash happened.

The DOT has established specific regulations for post-accident drug and alcohol testing which must be followed by all regulated commercial trucking companies and drivers who hold a commercial drivers license.

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Is DOT Drug Testing and Alcohol Testing Required?

Overall, DOT Post Accident Drug Testing helps ensure that all commercial drivers abide by federal laws regarding substance use while operating vehicles on public roads.

By doing so, it helps protect both those behind the wheel and everyone else sharing our roads from potential harm caused by impaired driving.

When is DOT Post Accident Drug Testing Required?

Surprisingly, a trucking company doesn’t usually have to conduct post-crash drug testing or alcohol testing unless there was a fatality or the driver received a citation from a DOT reportable accident.  

DOT post accident drug testing and breath alcohol testing is required for CDL drivers who are subject to FMCSA regulations when they’re involved in an accident that results in a fatality.

In reality, this only accounts for around 1% of all crashes involving large trucks or buses. 

They’re also required to undergo both drug and alcohol testing if they receive a citation related to their involvement in a DOT reportable accident AND: 

the crash results in “bodily injury requiring immediate medical treatment away from the scene” or

“Disabling damage to any motor vehicle requiring it to be towed away”. 

The citation is the key! 

No drug or alcohol testing is required If a truck driver is involved in a crash and:

Nobody passes away at the scene or 

They don’t receive a citation 

There is a great deal of misunderstanding and truck stop compliance advice around this specific topic. 

Some may say that a motor carrier must test an employee driver or independent contractor just if they’re involved in a “DOT reportable accident”.  

What is a DOT Reportable Accident?

A DOT reportable accident is defined by DOT as an accident that:

Results in a fatality

Results in bodily injury requiring immediate medical treatment away from the scene or

Results in disabling damage to any motor vehicle requiring it to be towed away

This simply isn’t true.

The driver MUST be cited in the DOT reportable accident or there must be a fatality at the scene in order for DOT post accident drug testing or breath alcohol tests to be required. 

What is the DOT Post Accident Drug Testing Time Frame?

Per CFR Part 40, DOT testing for drugs must be completed within 32 hours of a DOT reportable accident involving a commercial motor vehicle.

If you’re unable to get a driver tested during this time frame, you must clearly document and be prepared to provide evidence as to why the testing wasn’t completed within the set time limit. 

What is the DOT Post Accident Alcohol Testing Time Frame? 

DOT Breath Alcohol Testing should be completed within 2 hours of a crash but must be completed within 8 hours of a DOT recordable accident. 

If you’re unable to get a driver tested during this time frame, you must clearly document and be prepared to provide evidence as to why the testing wasn’t completed within the set time limit. 

DOT Post Accident Drug Testing Procedures

The post accident drug testing procedures are very similar to all other types of DOT drug and alcohol testing. Of course, the main difference is that specific time limits don’t apply to the other types of testing. This can be a huge difference. 

It’s a good idea to develop and test a post accident drug testing plan PRIOR to a crash happening.

This should be part of your larger post accident response planning (and yes, you really do need to develop a response). Just including a DOT post accident checklist in each truck cab can have a huge impact on the crash outcome for your company! 

Having your drivers and management team undergo training ahead of time will make the process go much smoother if and when the real thing happens.  

It’s also important to note that a driver must be tested for both drugs and alcohol following a crash, if post accident testing is required. You don’t get to choose one or the other.

Both must be completed!

What if I Fail to Conduct a Post Accident Drug and Alcohol Test?

If you fail to complete a required post accident drug and alcohol test, document the reasons that the testing wasn’t completed and retain any evidence.

For example, let’s say that your driver is involved in a DOT reportable accident and post accident testing is required. But, the crash happened at 7:00 pm on a Friday night.

Chances are, all potential testing facilities nearby will be closed or closing soon and you probably won’t be able to get the driver tested before 8:00am on Saturday morning.

In this case, you should document that you attempted to schedule a post-accident alcohol test for the driver but that you couldn’t due to none being opened. I would suggest that you also take some screenshots of your drug and alcohol scheduling system showing that no locations within 100 miles or so were opened as proof of this.

But, be sure to have that driver tested for drug use as soon as possible the next morning. Don’t bother with the alcohol test as the compliance window would have passed at that point. Just document and move on.  

How does Post Accident Testing Work? 

Ideally, you’ll already have a drug testing partner (like My Safety Manager) and your DOT post accident drug testing process will be much easier. 

We work with Abbott Labs, Labcorp and Quest Diagnostics. So, we have access to about 27,000 testing locations across the US. 

The huge size of our drug testing network is very intentional…we need as many options as possible for our pre employment drug test and post accident drug test needs. 

Unfortunately, many truck drivers like to drive during the night to cut down on traffic related delays. 

According to the FMCSA’s Large Truck and Bus Crash Facts: “Thirty-seven percent of all fatal crashes, 24 percent of all injury crashes, and 20 percent of all property damage only crashes involving large trucks occurred at night (6:00 pm to 6:00 am)”.

Coincidentally, most drug and alcohol testing facilities are typically open normalish business hours (between 8:00 am and 5:00 pm local time). 

In other words, a significant number of truck crashes happen when drug and alcohol testing sites are closed. 

So, hitting that 8 hour time limit for alcohol testing can be a challenge. The 32 hour time limit for drug testing is much easier to accomplish.

The only times those become harder to make are crashes that happen early on Friday evenings as most testing facilities are closed on the weekends as well. 

If you’re operations are in a limited area (like an intermodal container hauler, for example), finding an after hours testing facility is usually easier. 

But, if you have a more regional or national presence then this becomes much harder. 

If you don’t take some time before severe crashes happen, you could just be stuck googling “DOT post accident drug testing near me ” and seeing what comes up. Then you (or your driver) will get to do the dial and dash to try and get the testing completed on time. 

Remember, roadside drug tests or alcohol tests done by a police officer doesn’t count as a DOT post accident drug test or alcohol test. Drug and alcohol testing completed at a medical facility at the request of law enforcement doesn’t count either! 

For DOT post accident drug testing purposes, the employer or driver must have a certified specimen collector or Breath Alcohol Technician (BAT) complete the collection and follow all DOT protocals outlined in CFR Part 40.  

Check out our best practices.

DOT Post Accident Drug Testing Best Practices: 

1) Do some pre-crash planning around your major lanes of travel to see if you can find some reliable after hours testing centers. 

2) As soon as possible after the crash, launch your post-accident response procedures.

3) Notify your drug and alcohol testing partner of the crash and/or determine if post accident drug testing and alcohol testing is required.       

4) If testing is required, work on getting your driver to the collection facility as soon as possible. 

5) Be sure to secure a copy of the Chain of Custody form that is given to the driver at the testing facility. 

6) Follow up with your testing partner or the testing facility to make sure that you get the results as soon as possible. 

7) You can share the outcome of the tests with your insurance company. But, don’t share the actual results with anoyone due to privacy laws and HIPPA. 

8) If you’re unable to meet the required DOT post accident drug testing time line or DOT alcohol testing timeline, document your efforts and the reasons well.  

9) Consider testing drivers after involvement in any crash, regardless of citation. 

Why is Post Accident Drug Testing Important? 

It’s important that trucking companies adhere to DOT regulations regarding post accident drug and alcohol testing; failure to do so could result in fines and penalties from FMCSA.

Simply failing to conduct a single required DOT post accident drug test or alcohol test could cause you to receive a Conditional Safety Rating after a DOT audit.

Even worse, not testing for the use of drugs and alcohol following an accident could cause serious legal issues if it was a bad accident.

We live in an increasingly litigious society. The costs of both nuclear verdicts and other trucking crash costs continue to skyrocket. 

Anything that you can do to reduce claims costs and the possibilities of a nuclear verdict against you should be beneficial. 

As mentioned in Best Practice number 9 above, testing all drivers involved in crashes is a good business practice. The DOT sets the minimum requirements that must be met in order to be in compliance with FMCSA regulations. If you’re testing above and beyond the requirement, you should be considered a safer motor carrier. 

Just be sure to include this in your DOT Drug and Alcohol Policy and have all drivers sign a receipt saying that they’ve received a copy. 

What Happens If You Fail A Post Accident Drug Test? 

Bad things. 

First, you’ll be removed from all safety sensitive functions. This happens with all DOT drug and alcohol testing and not just DOT post accident drug testing. 

You’ll be required to be evaluated by a Substance Abuse Provider (SAP) and you’ll probably have to complete an assigned treatment or training program. 

Once that program is completed, you’ll be eligible to undergo the FMCSA Return to Duty process. 

This involves passing observed return to duty drug testing and prescribed follow up drug testing for at least 1 year after the SAP releases you from their care. 

Of course, all test results will be reported to the Drug and Alcohol Clearinghouse and you won’t be allowed to return to driving in a commercial role until you pass your return to duty drug testing. 

The entire return to duty process usually takes anywhere from 1+ years to complete.

How to develop a Post Accident Drug Test Policy

When it comes to developing a post accident drug test policy (or any other safety policy for that matter) consistency, ease of use and documentation are all critical. 

First, it’s important to be consistent. The policy should be applied to all members of the same group equally.

If you say that all drivers are going to be tested after a crash, test all drivers. Don’t make exceptions. Exceptions to established policies and procedures are where lawsuits are often won…by the opposing attorneys. So, be consistent. 

Please don’t make your post accident drug test policy so hard to administer that your team has no chance of success from the beginning. 

We would help you design and implement this process as part of our DOT compliance services!

Start with what’s required by the FMCSA drug testing regulations and build from there. Exceeding the minimum required standards is usually a plus, but make the policy reasonable and clear. 

Lastly, if you say that something is going to happen in your policy, you must be able to provide documentation that these things are happening. If you don’t document something, it’s like it never happened!    

DOT Post Accident Drug Testing FAQs

1) Does a CDL driver have to take a drug test after an accident? 

Not usually, but if the crash involves a fatality or the driver is cited in a “reportable” accident they do. 

A DOT reportable accident is defined as an accident that:

Results in a fatality

Results in bodily injury requiring immediate medical treatment away from the scene or

Results in disabling damage to any motor vehicle requiring it to be towed away

2. Where do you get a DOT Post Accident Drug Test Done? 

DOT Post accident drug testing can be completed anywhere you can get a regulated DOT drug test done by a certified collector. 

3. Does DOT require drug testing after an accident? 

Yes, if the crash results in a fatality or if the commercial driver involved in the crash receives a citation as the result of a DOT reportable accident. 

About My Safety Manager:

We want our clients to be “Audit Ready” at all times. So, we handle their fleet safety and DOT compliance programs for them.

Our specialized safety management solutions help deliver results—safe drivers out on the road who are staying compliant with FMCSA regulations.

We’re a leading provider of fleet safety and trucking compliance services for fleets of all sizes.

We work with you to create compliance systems that meet your unique needs, taking what’s typically far too much work off your plate so you have more time to grow your business.

For more information about how we may be able to help you with this or similar issues, please reach out to us at www.MySafetyManager.com.