Title 49 CFR Part 382.303 and your Companies written Substance Abuse Policy both require employees to undergo Post Accident Drug & Breath Alcohol Testing, within 2 hours, following any of these situations involving a CMV:
- Any fatality, or
- Any injury treated away from the incident scene, or
- Any vehicle had to be towed away from the incident scene &
- A traffic citation was issued to the offending Driver*
*In many States the investigating Officer may issue a moving violation citation to the offending driver, while at the scene of the accident. However, CALIFORNIA is not one of those States (unless the driver was arrested on suspicion of DUI drugs or alcohol).
Investigating Officers within the State of California rarley issue a moving violation citation at the scene of a traffic accident. Citations, if issued, are mailed days, weeks or even months later, upon completion of the traffic accident investigation/report.
As such, it is highly recommended that employers always presume a traffic citation has/will be issued and promptly conduct immedate Drug & Breath Alcohol Testing of thier employee witout delay.
Should a traffic citation not issue, within a reasonable amount of time (90 days), the company should downgrade this test to a Non-DOT testing event, and remove the testing from it's MIS Report.
In either event, testing MUST be completed without delay, within the allowed two hour time frame. Breath Alcohol Testing must be completed no later than 8 hours following the incident, and Drug Testing must be completed no later than 32 hours.
Employees/Driver may not dispute the need for testing, until after the testing has been completed!
