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When circumstances change
  • Employers must ensure drivers remain available for post-accident alcohol and drug testing in case circumstances change.

Companies need to be aware when circumstances surrounding an accident evolve — in some cases, the criteria can be met after the fact. That’s why the driver must remain available for testing.

For instance, if someone dies because of the crash when the driver was not cited, employers must send the driver for the post-accident tests if the company becomes aware of the fatality:

  • Within eight hours of the accident for alcohol testing, and/or
  • Within 32 hours for drug testing.

Similarly, if the criterion for an injury requiring immediate treatment away from the scene or towing due to disabling damage to one of the vehicles is met, AND the driver is issued a citation after the crash, the driver must be sent for:

  • An alcohol test if employers learn of the citation within eight hours of the crash, and/or
  • A drug test if employers learn of the citation within 32 hours of the crash.