DOT post-accident decision tree

Scope

DOT post-accident testing applies to commercial motor vehicle (CMV) drivers involved in an accident that meets certain conditions.

Regulatory citations

• 49 CFR Part 382 — Controlled substances and alcohol use and testing

Key definitions

• Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
• Commercial motor vehicle (CMV): A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle
  • Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
  • Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 or more pounds), whichever is greater; or
  • Is designed to transport 16 or more passengers, including the driver; or
  • Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations.
• Controlled substances (drugs): Those substances identified in 40.82.
• Driver: Any person who operates a commercial motor vehicle. This includes, but is not limited to full-time, regularly employed drivers; casual, intermittent, or occasional drivers; leased drivers; and independent owner-operator contractors.

Summary of requirements

It’s a common question: Do the circumstances warrant a DOT post-accident test?

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 the driver 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. 1. If yes, proceed to question two.
   2. 1. 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 eight hours of the accident?
   1. 1. If yes, send the driver for both a drug and an alcohol test. Stop here.
   2. 1. If no, proceed to question three.
3. Was there a fatality as a result of the accident occurring beyond 8 hours following the accident, but within 32 hours?
   1. 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. 1. If no, proceed to question four. 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. 1. If yes, proceed to question six.
   2. 1. If no, continue with question five.
5. Was there disabling damage to one of the vehicles involved in the accident that required towing?
   1. 1. If yes, proceed to question six.
   2. 1. 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 four and/or five exist?
   1. 1. If yes, proceed to question seven.
   2. 1. If no, the incident does not qualify for DOT testing.
7. Was the driver cited at the scene or within eight hours of the accident, plus does one of the situations in questions four and/or five exist?
   1. 1. If yes, send the driver the driver for both a drug and alcohol test.
   2. 1. If no, proceed to question eight.
8. Was your driver cited later than 8 hours but within 32 hours of the accident, plus does one of the situations in questions four and/or five exist?
   1. 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. 1. If no, proceed to question nine.
9. Was the driver cited beyond 32 hours of the accident, plus does one of the situations in questions four and/or five exist?
   1. 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, certain conditions 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.

If you conduct testing in “all post-accident circumstances” as a matter of company policy, it must be done using a non-DOT form and represented as a non-DOT test to the driver. The collector must also be aware that it is not a regulated test. The drug test results must be linked to a separate non-DOT lab account for reporting purposes. The results of these non-DOT tests hold no DOT consequences. In addition, if circumstances change and a DOT post-accident test is required, these non-DOT tests cannot be substituted to satisfy the DOT requirements. The driver must be sent again for another round of tests.