Training on FMCSA Post-accident D&A Testing | DOT Safety Guy

FMCSA’s post‑accident testing rules are some of the most misunderstood requirements in Part 382. In this episode, CJ explains exactly when alcohol and drug tests must be performed after a crash, based on the severity of the accident and whether a citation is issued. You’ll learn the time limits, documentation requirements, and the common mistakes carriers make that lead to violations during audits. Clear, practical guidance to help safety managers respond correctly when an accident occurs. Let's get into it.

Transcript

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Welcome to the DOT Safety Guy Training Audio Series. Practical, no nonsense safety and compliance training you can take anywhere. Each episode is the audio version of the DOT Safety Guy Training videos that break down FMCSA regulations and definitions into clear real-world guidance you can use to keep your fleet safe and compliant. Let's get started. Do you understand the DOT post-accident testing procedures for motor carriers? Do you understand the regulations? Do you know when these tests need to be conducted? Post-accident testing is not just a requirement in the regulations, but the results can be crucial in effectively addressing any accidents. These tests are not as rare as they should be, and they have to be done right. So let's simplify the regulations covering post-acident testing. Hey folks, CJ with DOT Safety Guy. As I like to reiterate in all of my training, a motor carrier's number one responsibility is safe operations while sharing the highways with the public. Part of that is ensuring that they're not operating under the influence of any drugs or alcohol. FMCSA established a post-accident drug and alcohol test to monitor whether any influence of drugs or alcohol played a part in any accidents. Now in this training, we're going to cover first where to find the regulations, covering post-accident drug and alcohol testing. Then we'll go over the test itself and what to do if you cannot conduct the test. And then there's one fairly common interpretation that we'll touch on. Fully understanding these regulations beforehand will help prevent problems, because if an accident occurs, your hands are going to be full. Okay, a couple of quick caveats before we get started. At DOT Safety Guide, we choose to use the word drugs for all training instead of controlled substance. Controlled substance is identified in the regulations, and those two words are synonymous. But again, for the sake of training, we use the word drugs. Secondly, is pointing out the difference between accident and crash. For the sake of training, DOT Safety Guy chooses to use the word accident because it's more common in the industry and seen throughout the regulations. Check out the recordable accident video at DOT Safety Guy Library to find out more specifics about those differences. Okay, first the regulations. You can find the regulations covering post-acident drug and alcohol testing at FMCSA's online regulations, Part 382-303. Those regulations state as soon as practical, following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for drugs and alcohol for each of its surviving drivers. As soon as practical and occurrence are two of the sticking points, and we're going to focus on those, starting with occurrence. When it comes to drug and alcohol testing, motor carriers are not allowed to test drivers or employees whenever they feel like it. There must be a circumstance for each test, and those circumstances should be covered in the policy. Now, when it comes to post-accident testing, those circumstances include a recordable accident. You check out the DOT Safety Guide Library for more detailed information on recordable accidents. But a recordable accident is any accident involving a fatality, medical attention away from the scene, or vehicle towed from the scene. So once it's determined that a recordable accident has occurred, then there's some other information in part 382 that needs to be involved. Table found in 382-303, paragraph C shows when these tests need to be conducted. If the accident involves a human fatality, then whether the driver got a citation or not, a test needs to be performed. If the accident involved bodily injury and the driver was cited, the test needs to be performed. If no citation was involved, then they do not need a test. If the accident involved disabling damage to the motor vehicle requiring the tow away and the driver was cited, then yes they need a test. If no citation was issued, they do not need a test. Okay, so there's your occurrence. Recordable accident, citation. Now, quick caveat. Any incident that involved the boarding or alighting of a stationary vehicle or the loading or unloading of cargo is not considered occurrence and not subject to post-acident testing. Now, as soon as practical. Now obviously drugs and alcohol have a finite influence over the human body. So as soon as practical means when to get the test performed, but also when to discontinue attempts on getting these tests performed, both drugs and alcohol. First, alcohol. Now, if it's determined that a test needs to be performed, then an alcohol test needs to be conducted within two hours of the occurrence. If two hours elapses and you can't get the test, then you need to continue trying to get the test performed, but you have to document why it wasn't done within that two hours. And at eight hours, just cease attempts and document why the alcohol test was not performed on the driver. And now drugs. If it's determined the occurrence requires a test, the drug test needs to be conducted within 32 hours of the occurrence. After 32 hours, if no test is performed, you need to document the reason why it was not performed and cease attempts to conduct a test. There are times when the citations are not issued to the driver at the occurrence, but afterwards. If they're issued to the driver within the time limits of the tests, then the tests still need to be conducted. For example, if the driver receives a citation for the occurrence within eight hours of that occurrence, then the alcohol test still needs to be conducted. Same for the drug test. If a citation is issued within 32 hours of the occurrence, then the drug test still needs to be conducted. If the citations are issued after those time limits, no tests need to be conducted. Additionally, any tests conducted by officials due to their currents can be used for the post-acident testing as long as they're authorized to give the test and the testing criteria meet the requirements for DOT testing. And those records need to be maintained by the employer. Obviously, the results of these tests need to be maintained on file. But additionally, any documentation stating the reasons why the test could not be conducted needs to be maintained on file and available to FMCSA upon request. Now, a somewhat common interpretation that regards drug testing only. It's always a good practice to check out the interpretations of any relevant part of the regulations that you may be dealing with at the time. But when it comes to post-accident drug and alcohol testing, there's one that's relatively common, more common than the rest, and that has to do with whether a driver can continue to operate a commercial vehicle on public roads pending the results of a drug test. Interpretation question number two states a driver may continue to drive so long as no other restrictions are imposed by law enforcement officials. If a drug test is required by the occurrence and the drug test is conducted, the driver may operate the commercial vehicle pending the results of that drug test. FMCSA and motor carriers both have the same responsibility to ensure the safest possible operations on public highways. EOT post-accident drug and alcohol testing is part of that program by holding commercial drivers accountable and responsible for their actions on the public highways. These tests are important, but they need to be done correctly and in compliance. Equally important is that motor carriers can use the results of these tests to effectively address corrective actions for future safety. Hey folks, did this training do its job? Did it simplify the regulations for you? Help you better understand the FMCSRs? Or maybe just answer a question you had. Either way, feel free to subscribe or check out the DOT Safety Guy Library for other training. We'll see you in future training video. You've been listening to the DOT Safety Guy Training Audio Podcast Series, practical safety training you can take anywhere. If this module helped sharpen your understanding of the regulations, then follow the series to learn more. I'm CJ with DOT Safety Guy. Keep learning, keep improving, and keep your operation safe.