Drug and Alcohol Testing and the FMCSA

I regularly receive phone calls from clients asking me if they have to test their drivers for drugs and alcohol when they are involved in an accident.  I generally advise my clients that taking a zero tolerance approach to drugs and alcohol is in their company’s (and their employees’ and the general public’s) best interest.  Having a written drug and alcohol policy in place that clearly communicates the company will drug and alcohol test any employee involved in accident, no matter how minor, is a good plan.  Be sure to have your employees sign off on the policy, confirming they have not only received it, but have read and understood it, as well. 

 

But what I often find my client really needs to know is whether the Federal Motor Carrier Safety Administration will require a driver to be tested for drugs and alcohol following an accident that has just occurred.  In an effort to help clients out we created a “Drug and Alcohol Testing” data sheet.  The data sheet provides you an attractive color copy “decision tree” that you can print and post on a bulletin board for future quick reference.  Among the questions asked are:

 

1.)    Did the accident involve a commercial motor vehicle you own or is leased on to you?

a.       If No, no test is required

b.       If Yes, proceed to question 2.

2.)    Did the accident occur on a public road?

a.       If No, no test is required

b.       If Yes, proceed to question 3.

3.)    Did any person involved in the accident require immediate medical treatment away from the scene of the accident, AND was your employee cited for a moving traffic violation by law enforcement, or did the accident involve a fatality?

a.       If No, no test required.

b.       If Yes, you must test.

 

The FMCSA regulations require alcohol and drug testing of drivers who are required to have a CDL.  The regulations include procedures for urine drug testing and breath alcohol testing.  A driver must be tested after an accident that resulted in a fatality regardless of fault.  Accidents that include bodily injury or a vehicle that needs to be towed require a driver to be testing only if that driver is issued a citation.

 

Alcohol tests must be taken within two to eight hours after the accident.  Drug tests must be taken within 32 hours of the accident.  Unless there are extenuating circumstances, a driver must be available for testing, or it might be assumed the driver has refused testing.  A refusal is considered the same as a positive test. 

 

Do you have questions regarding FMCSA regulations or need help developing a zero tolerance drug and alcohol policy?  Give us at call at (800) 596-TRUCK (8782).  At the Navigator Truck Insurance Agency we work hard at being accessible, helpful and result oriented. 

 

Until next month,

 

Jeffery A. Moss, ARM

President

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