Federal Post-Accident Drug Testing Laws

The long and lonely hours on the road can force truck drivers to use stimulants and other drugs to pass the time and get their miles in. With the increase in drug usage on the roads, accidents, and injuries increase in kind. In order to create safer roadways and reduce accidents, the federal government created regulations for truckers to help employers curb drug and alcohol usage on the road. In 1991, the United States Congress created the Omnibus Transportation Employee Testing Act, requiring all Department of Transportation (DOT) agencies to implement drug and alcohol testing requirements. Those requirements now make up the Drug and Alcohol Testing Program. In the section below, we will break down the current codes and accidents that require employers to conduct drug tests. 

Overview of Post-Accident Drug Testing Laws

Under the Code of Federal Regulation (14 CFR 120.109(c),- in general, post-accident drug testing is required when a person in a safety-sensitive position is involved in an accident where a human fatality or injury has occurred and a citation was issued to the truck driver. Safety-sensitive positions are defined as the performance of the job that can impact the safety of others. In this article’s case, the safety-sensitive role is that of a truck driver. However, this title refers to a broader group of occupations, including pilots, teachers, or heavy machinery operators. Think of those jobs where one person has a significant responsibility for the safety of those around them. 

While the Code of Federal Regulations applies to safety-sensitive employees as a whole, truck drivers follow further federal codes regulated by the Department of Transportation and connected agencies. These regulations generally apply to:

• Anyone who owns or leases commercial trucks

• Anyone who assigns drivers to operate commercial motor vehicles

• Federal, state, and local governments

• For-hire motor carriers

• Private motor carriers

• Civic organizations and churches

The testing procedures are extensive. Those required to perform a post-accident drug test must be sure to adhere to the guidelines laid out in 49 CFR Part 40 Subpart E.- as applicable. 

When is a Drug Test Required?

The chart below depicts the Federal Motor Carrier Safety Administration (FMCSA) regulations for whether or not a drug or alcohol test must be performed following an accident.

In minor accidents where no one is injured, testing is often not required. However, a test may still be administered if the employer has set further guidelines about post-accident tests or there was reasonable suspicion from police at the scene of the accident. Further, the CFR may require the driver to test if their actions cannot be eliminated as a contributing factor to the accident. Drug and alcohol testing is typically required after serious accidents that result in a fatality or when a truck driver is cited for a moving violation such as speeding or lane changes and there is a serious injury as defined by the regulations. 

Post-Accident Testing Time Requirements

There is a time limit in which the test needs to be administered and collected following the accident. In general alcohol testing must be administered within 8 hours of the accident, and drug testing must be administered within 32 hours. The driver is required to remain available for testing. Failure to do so can result in the test recorded on their record as refused. If the test is not administered, a written response for why the test was not conducted will be collected instead. 

Current Prohibited Substances

Under federal regulations set by the FMCSA, the current list of prohibited substances includes the following: 

• Any 21 CFR 1308.11 Schedule I substance

• Any type or formulation of an amphetamine

• Any kind or derivative of a narcotic

• Any other substance that would impede a driver’s ability to safely operate a vehicle, including misused or abused prescription drugs or marijuana, medicinal or otherwise

Find an Experienced Truck Accident Attorney

If you were injured in a truck accident and are curious how the federal or state regulations will influence your case, contact an experienced truck accident attorney from the Expertise.com directory.  Expertise has put the best attorneys in your area to the test to ensure that you have the support you need to pursue compensation following an accident.