When Is FMCSA Post-Accident Drug Testing Required?

The FMCSA, which stands for Federal Motor Carrier Safety Administration, has established regulations regarding post-accident drug testing for commercial driver’s license (CDL) drivers. These regulations are designed to enhance public safety, reduce employer liability, and minimize drug and alcohol use among CDL drivers. This article will explore the scenarios in which FMCSA post-accident drug testing is required, the types of tests conducted, and the consequences of non-compliance.

What Is FMCSA Post-Accident Drug Testing?

FMCSA post-accident drug testing is a mandatory requirement for CDL drivers involved in specific accident situations. Employers administer it and aim to determine if the use of substances contributed to the accident. The Department of Transportation (DOT) requires both drug and alcohol tests to be conducted in these cases.

Types of Tests

The DOT drug test is a five-panel urine test that screens for marijuana, opioids, amphetamines, cocaine, and phencyclidine (PCP). On the other hand, the DOT breath alcohol test screens for non-compliant alcohol levels.

CDL Drivers

CDL drivers include individuals who operate vehicles that exceed 26,000 pounds, transport hazardous materials, or transport 16 or more passengers, including the driver.

Scenarios Requiring FMCSA Post-Accident Drug Testing

There are specific situations that require FMCSA post-accident drug testing. Let’s explore each scenario in detail:

Fatality With Citation

If a commercial driver with a CDL is involved in a fatal accident and receives a citation for a moving violation, they must undergo mandatory FMCSA testing. The driver must undergo an alcohol test within two hours and a drug test within 32 hours.

Fatality Without Citation

Even if the CDL driver does not receive a moving violation citation, FMCSA testing is still required if the accident results in a fatality. However, if an injured person is transported and dies within 32 hours after leaving the scene, testing is not necessary if the driver was not cited.

Injury With Citation

If a CDL driver receives a citation for a moving violation and any person involved in the accident requires immediate medical attention away from the scene, FMCSA testing is mandatory. However, testing is not required if the injured person seeks medical attention on their own after leaving the scene.

Towing With Citation

If a CDL driver receives a citation for a moving violation and any vehicle involved in the accident requires towing or removal from the scene, FMCSA testing must be conducted.

Administering the FMCSA Post-Accident Drug Test

Employers are responsible for arranging the collection of specimens by DOT-certified collectors and their delivery to a DOT-approved lab after an FMCSA-qualifying accident.

Timeframes

An alcohol test should be administered within two hours of the accident, but employers have up to eight hours to attempt to conduct the test. The controlled substances test must be performed within 32 hours of the accident. Employers should cease attempts to administer the test after these timeframes.

Testing Delays

In some situations, accidents occur when testing facilities are closed or when the driver is too far away from a facility. If tests are conducted by state, federal, or local law enforcement during their accident investigation, they meet the FMCSA’s requirements. Employers cannot prevent drivers from receiving medical care to ensure timely testing.

Consequences of Non-Compliance

Non-compliance with FMCSA post-accident drug testing can have serious consequences for employers and drivers.

Penalties for Non-Compliance

Employers who fail to comply with DOT post-accident testing regulations can face significant fines, ranging from thousands to $20,000 or more. Furthermore, employers could face criminal penalties and suspend or revoke their commercial vehicle operating license.

Drivers who refuse testing must be immediately removed from safety-sensitive functions and may have their CDL license suspended.

Conclusion

FMCSA post-accident drug testing ensures public safety and reduces employer liability. Employers can adhere to the regulations and safeguard their drivers and company by understanding the situations that necessitate testing. It is essential to arrange testing promptly and document any testing delays or reasons for non-compliance. Partnering with a reliable testing service like Driver iQ can help employers comply with FMCSA regulations. Following FMCSA drug testing rules isn’t just about obeying the law—it’s crucial for keeping our roads safe and saving lives.

Stay compliant with FMCSA regulations and ensure public safety on the roads. Partner with Vertical Identity for reliable drug testing services and safeguard your drivers and company. Visit Vertical Identity today to learn more.