A FMCSA Employers Guide to Post-Accident Drug Testing

FMCSA DOT mandated safety-sensitive employees must comply with federal regulations along with their company’s policies. Employers of DOT mandated safety-sensitive employees are tasked with understanding the laws set by the DOT and then enforcing them. Post-accident drug testing is one requirement that all employers must enforce after a specific type of accident occurs. If the alcohol and/or drug testing is positive, employers may find themselves in new territory. Fortunately, partnering with SAP Referral Service means that navigating an employee’s positive drug test does not have to be overwhelming.

What Type of Accident Requires Employees to Take Drug/Alcohol Tests?

Not all accidents require immediate post-accident drug testing. The Federal Motor Carrier Safety Administration mandates post-accident drug testing  if an accident involves a human fatality. Additionally, post-accident testing may be required if an accident results in disabling damage to any motor vehicle involved that will require it to be towed and the CMV driver is cited, as well as an accident causing bodily injury that requires immediate medical treatment away from the scene when the CMV driver is cited.

What Happens When a DOT Mandated Employee Fails Post-Accident Drug Testing?

If an employee refuses or fails the post-accident drug testing then they are not allowed to return to work until they complete the return-to-duty process as outlined by the FMCSA. All employers of DOT mandated safety sensitive employees are required to either give a list of Substance Abuse Professional (SAP) providers, or a referral to a service agent, to an employee who fails a drug and/or alcohol test. Employees must meet with a SAP, comply with treatment or education recommendations, and pass an additional drug/alcohol test before they can be considered to return to work.

Streamline the Process with SAP Referral Services

The problem with trying to keep your own SAP list is that over time one or more of the SAPs on your list may allow their credentials to lapse. Then, when one of your employees needs to use the list, those SAPs are no longer qualified according to DOT guidelines. Outdated lists are a common reason why employees end up unable to return to work for lengthy periods of time. If they complete a return-to-duty program and then they find out that their SAP was not DOT qualified, they may be required to repeat the program.

Avoid this problem entirely by using SAP Referral Services. SAP Referral Services takes the burden off the employer and connects employees who have failed post-accident drug testing with qualified SAPs in their area. SAP Referral Services has helped tens of thousands of employees return to work and can help your employees complete the return-to-duty process. Contact us today.

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.