DOT FMCSA
Post-Accident Testing
Decision Maker
Did a fatality occur within 8 hours following the accident?
Did a fatality occur as a result of the accident between 8 and 32 hours after the accident?
Did any person sustain bodily injury resulting in immediate medical treatment away from the scene of the accident?
Was your driver issued a citation(ticket)?
Did one or more vehicles get damaged in the accident, requiring them to be towed away from the accident scene?
When was your driver issued a citation(ticket)?
TEST FOR DRUGS AND ALCOHOL!
The driver must undergo testing for both drug and alcohol.
TEST ONLY FOR DRUGS
The driver should be tested for drugs only.
Note that alcohol testing could not be performed because the allowable testing period has passed.
According to regulation 49 CFR 382.303, if an Alcohol test required by this section is not administered within two hours following the accident, the employer must prepare and maintain a record stating the reasons for the delay. If the test is not administered within eight hours, the employer must cease attempts to administer the test and document the reasons.
DO NOT TEST
Please note that the allowable time period to conduct either test has passed.
According to regulations 49 CFR 382.303:
Alcohol Tests:
if an Alcohol test required by this section is not administered within two hours following the accident, the employer must prepare and maintain a record stating the reasons for the delay. If the test is not administered within eight hours, the employer must cease attempts to administer the test and document the reasons.
Controlled Substance(Drug) Tests:
If not administered within 32 hours, the reason for delay must be documented, and no further attempts should be made.
DO NOT TEST
In these circumstances, testing is not required.
Disclaimer
This tool is provided for informational purposes only. It is designed to assist users in understanding the testing requirements following an accident based on regulations outlined in 49 CFR 382.303. However, it is the user's responsibility to ensure compliance with all applicable regulations and to make decisions based solely on the specific circumstances of each accident and the official regulatory guidelines. We are not responsible for any decisions made or actions taken based on the use of this tool. Users should consult the official regulations and seek professional advice if necessary.
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