1. Drug Testing Requirements
After The Accident
Drug Testing Requirements

2. What is an Accident? 390.5 Definitions
Accident means—
(1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in:
(i) A fatality;
(ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.
(2) The term accident does not include:
(i) An occurrence involving only boarding and alighting from a stationary motor vehicle; or
(ii) An occurrence involving only the loading or unloading of cargo.

3. Disabling Damage
Disabling damage means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.
(1) Inclusions. Damage to motor vehicles that could have been driven, but would have been further damaged if so driven.
(2) Exclusions.
(i) Damage which can be remedied temporarily at the scene of the accident without special tools or parts.
(ii) Tire disablement without other damage even if no spare tire is available.
(iii) Headlamp or taillight damage.
(iv) Damage to turn signals, horn, or windshield wipers which makes them inoperative.
Fatality means any injury which results in the death of a person at the time of the motor vehicle accident or within 30 days of the accident.

4. To Test or Not To Test Question 1
Did the accident occur in a CDL vehicle?
If no, then cannot test under Can only test under company policy if you have one.
Question 2
Was there a fatality as a result of the accident within 8 hrs of the accident?
If yes, do both drug and alcohol test.
If no, go to question 3.

5. To Test or Not To Test Question 3
Was there a fatality as a result of the accident occurring beyond 8 hours following the accident but within 32 hrs?
If yes, send driver for just drug test. Document that 8hrs had elapsed.
If no, go to question 4. No DOT test if fatality occurs 32 hrs or more after accident, UNLESS it is your company policy, then NON-DOT test

6. To Test or Not To Test Question 4
Was there an injury as a result of the accident that required treatment away from the scene?
If yes, go to question 6.
If no, go to question 5.

7. To Test or Not To Test Question 5
Was there disabling damage to one of the vehicles that required towing?
If yes, go to question 6.
If no, stop here. This accident does not qualify for testing under DOT.

8. To Test or Not To Test Question 6
Was your driver cited, AND did an injury occur that required med attention away from the scene, or did a vehicle need towed?
If yes, go to question 7.
If no, the incident does NOT qualify for DOT testing

9. To Test or Not To Test Question 7
Was the driver cited at the scene or within 8 hours of the accident, AND did an injury occur that required med attention away from the scene, or did a vehicle need towed?
If yes, send driver for both Drug and Alcohol
If no, go to question 8.

10. To Test or Not To Test Question 8
Was your driver cited later than 8 hrs but within 32 hrs, AND did an injury occur that required med attention away from the scene, or did a vehicle need towed?
If yes, test driver for Drugs and document that time had expired for alcohol testing
If no, go to question 9

11. To Test or Not To Test Question 9
Was the driver cited beyond 32 hours of the accident, AND did an injury occur that required med attention away from the scene, or did a vehicle need towed?
If yes, you cannot conduct either drug or alcohol test. Document that time had expired.

13. Does a DOT Test Need to Be Done?
Type of Accident Involved
Citation Issued to CMV driver
Test must be performed by employer
Human fatality
YES NO
Bodily injury with immediate med treatment away from scene
Disabling damage to any motor vehicle requiring tow away

14. To Test or Not To Test
You can’t test a CDL driver with the DOT drug and alcohol test “just in case” circumstances change.
If you conduct testing after all accidents as a matter of company policy, you must use non-DOT test form.
Non-DOT tests cannot substitute for DOT tests though, so if things change and DOT test is required, must send driver back in

15. What happens when driver tests positive?
Employee can’t work in DOT safety sensitive job until completed SAP requirements for return to duty
Face to face assessment and clinical evaluation
Recommend education and treatment plan
EE must demonstrate compliance (test)
Face to face follow-up with SAP
Return to safety sensitive position and submit to testing for 1 yr minimum, 5 yr max

16. Does the Employer have to provide a SAP?NO
Employer has right to fire an employee who tests positive for alcohol and/or drugs.
However, if an employer does decide to retain an employee after testing positive, they must follow steps of previous slide

17. 390.15 Assistance in investigations and special studies
Accident file/tracking
Motor carriers must maintain an accident register containing specific information for each accident.
Copies of all accident reports required by state or other governmental entities or insurers must also be retained.
The information must be retained for three years after the accident occurs.

18. 390.15 Assistance in investigations and special studies
Accident file/tracking
The information to be included for each accident is as follows:
1. Date of accident;
2. City or town in which or most near where the accident occurred, and the state in which the accident occurred;
3. Driver name;
4. Number of injuries;
5. Number of fatalities; and
6. Whether hazardous materials, other than fuel spilled from the fuel tanks of vehicles involved in the accident, were released.