Post Accident Drug Testing

Understanding DOT Post-Accident Drug and Alcohol Testing

The Department of Transportation (DOT) enforces strict rules for post-accident drug testing. Not every accident requires testing. Minor fender benders do not apply. Employers must follow specific guidelines to determine when a test is necessary.

When Must Employers Conduct a DOT FMCSA Post-Accident Test?

DOT Post-Accident Drug and Alcohol Test must happen within 32 hours of the accident. A DOT Post-Accident Breath Alcohol Test must occur as soon as possible, but always within 8 hours. If an accident meets DOT criteria, the employer must ensure testing takes place within these timeframes.

For an accident to require a DOT test, it must involve one or more of the following:

• A fatality
• Bodily injury requiring immediate medical treatment away from the scene, with the driver receiving a citation
• A vehicle requiring a tow, with the driver receiving a citation

If a citation is not issued at the scene, testing is not required. Employers should follow the “no ticket, no test” guideline. If a citation comes later, testing must still happen within the 8-hour and 32-hour windows. If those time limits pass, the employer does not need to conduct the test.

What Happens if the Accident Does Not Meet FMCSA Criteria?

Employers can still conduct post-accident drug testing, but it will not be a DOT test. In this case, the employer must use a forensic form, not a federal one. Employers should ensure their drug and alcohol testing policies align with DOT regulations to avoid compliance issues.

FMCSA Testing Guidelines

The following chart summarizes when DOT testing is required:

Employers must document accidents and ensure compliance with DOT rules. Proper training and awareness help prevent mistakes in post-accident testing procedures.