FMCSA Post-Accident Drug Testing and Other Testing Requirements
Are you confused about the DOT-mandated post-accident drug testing requirements? Are you applying to a safety-sensitive position and are unsure if you’ll need to submit a drug and/or alcohol test? Learn more about the DOT drug and alcohol testing requirements, including post-accident drug testing laws and more.
FMCSA DOT Drug and Alcohol Testing
DOT mandated employees must comply with all drug and alcohol testing procedures during the pre-employment phase, throughout the term of their employment, including post-accident drug testing, testing with reasonable suspicion and randomized drug and/or alcohol testing. These regulations provide an outline of when and why testing is required at any point before or during employment.
Pre-employment. An applicant to a safety-sensitive, DOT-mandated position must receive a negative drug and alcohol test result prior to becoming employed. If they fail the drug and/or alcohol test they must successfully complete the SAP process before they are able to be put into a DOT-mandated, safety-sensitive position.
Post-Accident. Drug and/or alcohol tests will be given to drivers after certain accidents. These include:
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- Human fatality
- Bodily injury with immediate medical treatment away from scene
- Disabling damage to any motor vehicle requiring tow away
Random. Through out the year, FMCSA-mandated CDL drivers will be randomly tested for drugs and/or alcohol. This means that at any time an employee can be called in to submit to a test. If they fail they are immediately removed from their position.
Reasonable suspicion. If an employer has reason to believe that an employee is under the influence of drugs or alcohol, such as the employee falling asleep on the job, they must immediately test them for the presence of drugs or alcohol. In order to keep supervisors in the know of what to look out for, employers must thoroughly train them so they can detect the symptoms of impairment.
Return-to-duty. If a driver, previously tested positive for drugs and/or alcohol, has complied with their SAP’s outlined treatment and/or education and have completed a follow-up evaluation they will be required to submit a return-to-duty drug and/or alcohol test.
Follow-up. “This testing is prescribed by the substance abuse professional for a minimum of 6 directly observed tests in 12 months, but can be extended an additional four years.”
What to Do Next
After a DOT-mandated applicant or employee has received a positive drug and/or alcohol test result they will need to complete the SAP process in order to be considered for any safety-sensitive position. Finding a SAP can be confusing and many employees will have to call multiple providers and wait for returned calls. In order to fast track that process employees can enroll in SAP Referral Services’ FastTrack Enrollment Program. Upon enrollment, employees will typically be scheduled with a SAP in their area within 72-business hours. For more information, or to enroll today, click here.
SAP Referral Services (SRS) is the leading facilitator for mandated substance abuse evaluations. SRS maintains an extensive network of qualified providers in more than 3,000 locations nationwide for testing violations that originate from any of the DOT’s modes including FMCSA, FAA, FRA, FTA, USCG and PHMSA, or a company’s internal drug and alcohol testing policy.