• Under certain criteria, employers are required to test each surviving driver for alcohol and drugs following a CMV accident.
• A copy of test results performed by law enforcement may be used instead of performing tests under the employer.

The employer is required to test each surviving driver for alcohol and drugs following an accident involving a commercial motor vehicle (CMV) requiring a commercial driver’s license (CDL) when at least one of the following criteria are met:

1. The accident involved a fatality. The driver must be sent for a drug and alcohol test no matter what, even if the CMV driver was never cited.
2. Someone was injured requiring immediate treatment away from the scene AND the driver was issued a moving traffic citation in connection with the accident.
3. One of the vehicles involved in the accident required towing due to disabling damage AND the driver was issued a moving traffic citation in connection with the accident.

When one of these criteria are met, the driver must be tested as soon as practicable.

When a Department of Transportation (DOT) post-accident test meets the criteria for testing, motor carriers should not delay necessary medical attention for an injured driver in order to perform the drug and alcohol tests. Also, the driver is not prohibited from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.

Tests performed by law enforcement

In lieu of administering a post-accident test, employers may substitute a test administered by on-site police or public safety officials under separate authority as a part of the accident investigation.

The employer can substitute a blood or breath alcohol test and a urine drug test performed by such local officials, using procedures required by jurisdictions. This may be particularly useful if those tests can be administered before the employer can get to the scene. The employer must obtain a copy of the test results.

However, if an employer is unable to obtain a copy of the results and does not perform the post-accident test(s) itself, this is a violation. This type of violation is common when the result is negative and enforcement does not retain a copy of the results.