IT PAYS TO BE SAFE

No. 16, April, 2010
Post-Accident Drug and Alcohol Testing

You've just been involved in an accident. You know from when you studied for your CDL test that there are circumstances after being involved in an accident where you have to be drug and alcohol tested. Many drivers, however, are not certain as to when those tests are required.

The post-accident testing requirements are set forth in §382.303; however, the handy chart provided within this section (as set forth below)is actually not that easy to interpret, so here are the basics:

• If a human fatality is involved in the accident, even if you're not cited, both alcohol and controlled substance tests must be performed.
• If there is a bodily injury involved in the accident and you, the driver, is cited within 8 hours of the accident, then you must be tested for both drugs and alcohol. If the citation is not issued until after 8 hours but before 32 hours, then the driver must be tested for controlled substances.
• If there is a bodily injury, but no citation, then no testing is required.
• In an accident in which there is disabling damage to any motor vehicle involved, requiring it to be towed away, once again if you, the driver, was cited in the accident, you must be drug and alcohol tested.
• If a vehicle is towed but there's no citation, there is no requirement to be tested.

There are time limits for when testing must take place. In regard to alcohol, if a test is required, it should be administered as soon as possible. If the test is not administered within two hours, then your employer is required to maintain a document stating the reason why the test was not administered in that time period. If the test is not completed within 8 hours, then there shall be no further attempts to test. Once again, the motor carrier must keep a record as to why no testing was completed.

In regard to controlled substance testing, the test must be completed within 32 hours. If the test isn't completed, then the employer shall cease attempts to have the test done and prepare and maintain on file a document stating the reasons why the test was not administered.

Remember you, the driver (when you are subject to post-accident testing) must remain ready and available for testing. If you fail to do so, you can be deemed by your employer as having refused to submit to the test.

Every driver should discuss with their employer not only when they should be tested for drugs and alcohol after an accident, but where and what procedures they are to follow for the testing to take place after an accident. The last thing a driver wants is to be free of drugs and alcohol, only to have a failure to test properly lead someone to jump to the wrong conclusion.

It pays to be ready to be tested after an accident, and it pays to be safe.