TIP OF THE WEEK

June 5, 2009

Did you know...?

Do the circumstances warrant DOT post-accident tests?

We are often asked the question: “When do circumstances warrant DOT post-accident tests?” Suppose your CDL driver calls in saying there’s been an accident. Everyone’s adrenaline is running, and you may have to pry the details out of him or her to determine if DOT post-accident drug and alcohol testing is required. The following checklist will aid in deciding your course of action:

Did the accident occur in a vehicle that requires a CDL?

If yes, proceed to question 2.
If no, you cannot test under §382.303, regardless of the licensing of the driver. The driver is not subject to Part 382 in this instance. Stop here.

Was there a fatality as a result of the accident within 8 hours of the accident?

If yes, send the driver for both a drug and alcohol test. Stop here.
If no, proceed to question 3.

Was there a fatality as a result of the accident occurring beyond 8 hours following the accident, but within 32 hours?

If yes, send the driver for just drug testing, and document that alcohol testing could not be performed because it was past the allowable time frame for testing. Stop here.
If no, proceed to question 4. You cannot test if the fatality occurs beyond 32 hours after the accident. Testing would be based on other variables if they exist.

Was there an injury as a result of the accident that required treatment away from the scene?

If yes, proceed to question 6.
If no, continue with question 5.

Was there disabling damage to one of the vehicles involved in the accident that required towing?

If yes, proceed to question 6.
If no, stop here (i.e., no damage, no injury, no fatality). It does not qualify for testing.

Was your driver cited, plus does one of the situations listed in questions 4 and/or 5 exist?

If yes, proceed to question 7.
If no, the incident does not qualify for DOT testing.

Was the driver cited at the scene or within 8 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?

If yes, send the driver the driver for both a drug and alcohol test.
If no, proceed to question 8.

Was your driver cited later than 8 hours but within 32 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?

If yes, just test the driver for drugs and document that alcohol testing could not be performed since it was past the allowable time frame for testing.
If no, proceed to question 9.

Was the driver cited beyond 32 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?

If yes, you cannot conduct either test type. Document that it was beyond allowable time frame for testing. Stop here.

As you can see from this checklist, all the variables must be met in order to test under DOT rules. You cannot test “just in case” circumstances change. This is a misrepresentation of the test and a violation.

If you conduct testing in “all post-accident circumstances” as a matter of company policy, it must be done using a non-DOT form and represented as a non-DOT test to the driver. The collector must also be aware that it is not a regulated test. The drug test results must be linked to a separate non-DOT lab account for reporting purposes. The results of these non-DOT tests hold no DOT consequences. In addition, if circumstances change and a DOT post-accident test is required, these non-DOT tests cannot be substituted to satisfy the DOT requirements. The driver must be sent again for another round of tests.

Source forthis week’s tip of the week: jjkeller.com.

*Please feel free to forward this information to any member of management in your company who would benefit from it.*

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