What does 49 CFR 382.303 (Post-accident testing) require?

Short answer

49 CFR 382.303 requires post-accident testing for alcohol and controlled substances under certain conditions, including fatal accidents, accidents with bodily injury, and accidents with disabling damage. Testing must be conducted as soon as practicable, with alcohol tests administered within 2 hours and controlled substance tests within 32 hours.

The rule says

"Each employer shall test for alcohol for each of its surviving drivers: (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or (2) Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident." (49 CFR 382.303(a))

"If a test required by this section is not administered within two hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered." (49 CFR 382.303(d)(1))

In plain English

303 outlines the specific requirements for when and how testing must be conducted. The rule requires testing after fatal accidents, accidents with bodily injury, and accidents with disabling damage, and employers must ensure that testing is conducted as soon as practicable. If testing is not conducted within the required timeframe, the employer must maintain a record explaining why the test was not administered promptly. In practice, this means that motor carriers must have procedures in place to quickly respond to accidents and ensure that testing is conducted in a timely manner.

What to do

• Develop and implement a post-accident testing policy that meets the requirements of 49 CFR 382.303
• Train supervisors and employees on the procedures for conducting post-accident testing
• Ensure that testing is conducted as soon as practicable after an accident, with alcohol tests administered within 2 hours and controlled substance tests within 32 hours
• Maintain records of post-accident testing, including reasons why testing was not conducted promptly if necessary