Companies that hire or employ people with a CDL have a duty to abide by certain rules imposed by the Department of Transportation. One of these rules is the after accident drug and alcohol testing. These rules are very specific and have penalties for non compliance. The same is true when, as an employer, you are trying to ‘go the extra mile’ for safety. Add to that any accident that your company employee may be involved in that falls outside of the DOT area of responsibility and your job gets even more difficult as to documentation of any testing.

There should be different areas within the personnel file of a pump operator to save these non-DOT test results. In a DOT inspection of your DOT personnel files you will be cited for having DOT and non-DOT drug and alcohol test results in the same place. Please make sure that they are separate.

You will find below a test for whether or not the after accident drug and alcohol test is required by the Department of Transportation.

 Do the circumstances warrant DOT post-accident tests?

Suppose your CDL driver calls in saying there’s been an accident. Everyone’s adrenaline is running, and you may have to pry the details out of him or her to determine if DOT post-accident drug and alcohol testing is required. The following checklist will aid in deciding your course of action:

1.    Did the accident occur in a vehicle that requires a CDL?

1.    If yes, proceed to question 2.

2.    If no, you cannot test under §382.303, regardless of the licensing of the driver. The driver is not subject to Part 382 in this instance. Stop here.

2.    Was there a fatality as a result of the accident within 8 hours of the accident?

1.    If yes, send the driver for both a drug and alcohol test. Stop here.

2.    If no, proceed to question 3.

3.    Was there a fatality as a result of the accident occurring beyond 8 hours following the accident, but within 32 hours?

1.    If yes, send the driver for just drug testing, and document that alcohol testing could not be performed because it was past the allowable time frame for testing. Stop here.

2.    If no, proceed to question 4. You cannot test if the fatality occurs beyond 32 hours after the accident. Testing would be based on other variables if they exist.

4.    Was there an injury as a result of the accident that required treatment away from the scene?

1.    If yes, proceed to question 6.

2.    If no, continue with question 5.

5.    Was there disabling damage to one of the vehicles involved in the accident that required towing?

1.    If yes, proceed to question 6.

2.    If no, stop here (i.e., no damage, no injury, no fatality). It does not qualify for testing.

6.    Was your driver cited, plus does one of the situations listed in questions 4 and/or 5 exist?

1.    If yes, proceed to question 7.

2.    If no, the incident does not qualify for DOT testing.

7.    Was the driver cited at the scene or within 8 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?

1.    If yes, send the driver the driver for both a drug and alcohol test.

2.    If no, proceed to question 8.

8.    Was your driver cited later than 8 hours but within 32 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?

1.    If yes, just test the driver for drugs and document that alcohol testing could not be performed since it was past the allowable time frame for testing.

2.    If no, proceed to question 9.

9.    Was the driver cited beyond 32 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?

1.    If yes, you cannot conduct either test type. Document that it was beyond allowable time frame for testing. Stop here.

As you can see from this checklist, all the variables must be met in order to test under DOT rules. You cannot test “just in case” circumstances change. This is a misrepresentation of the test and a violation.

I wonder how many have not been audited.If my memory serves me right the insurance carriers may also dictate specifics to any additional testing,non CDL related.Such as in company pick ups,well besides workers comp.

The DOT only has the say so about testing in the above referenced cases.

They have the ability to fine a company for any deviation of the above referenced causes.

A wise, safe and cautious employer will test in cases other than DOT applicable. The title post was made so that an employer may shield himself and his company from fines relating to the placement of these other than DOT test results in a DOT employee's personnel file. This file, for employers with more than 10 employees must be maintained to DOT standards.

 I have only had to "post piss" once, My transmission exploded into a thousand pieces on the freeway and punctured my fuel tank! I found a surveyor stake on the shoulder and stopped the leak by beating it into the hole. After riding shotgun in a wrecker I was picked up by the operations manager. I was surprised when he took me to the clinic to piss? How could an exploding tranny on a truck that was older than me be the drivers fault? They obviously did'nt realize that a major incident was avoided since 80 gallons of fuel did'nt end up in Puget sound! I was pissed! Literally! 

I didn't put this stuff up to defend the DOT, just to explain the insanity.

this is a simple way to remember if you need to drug test after a accident: if you need a NURSE, HEARSE, or a TOW!