Ask X3When is post-accident drug and alcohol testing required under 49 CFR 382.303?
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Short answer
Post-accident drug and alcohol testing is required under 49 CFR 382.303 when a commercial motor vehicle accident involves a human fatality, or when a driver receives a citation and the accident results in bodily injury or disabling damage to a vehicle. Testing must be conducted as soon as practicable, with alcohol tests administered within 2 hours and controlled substance tests within 32 hours of the accident.
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, if the accident involved: (i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle." (49 CFR 382.303(a))
In plain English
In practice, this means that employers must have a clear policy and procedure in place for post-accident testing, including trained supervisors who can identify when a test is required. If a test is not administered within these timeframes, the employer must document the reasons why and maintain records. Employers must also ensure that drivers are aware of the post-accident testing requirements and procedures.
What to do
- Develop a written policy and procedure for post-accident testing
- Train supervisors to identify when a test is required and to conduct tests within the required timeframes
- Ensure that drivers are aware of the post-accident testing requirements and procedures
- Maintain accurate records of post-accident tests, including documentation of any tests not administered within the required timeframes