**Accident***

IIRC anytime there is an accident a drug test must be performed.
Also, where was DOT? The logbooks must be reviewed....
Was your rig damaged?
More details?

 

any accident with injuries or vehicle towed needs drug/alcohol test within 24 hrs. cargo insurance will cover loss but expect cancellation or rate increase soon. if freight can be removed and transferred to another trailer i woul.d try to do so to minimize losses(depends on what it was).

 

Drug and alcohol testing aren't required unless the driver was cited .

http://www.fmcsa.dot.gov/safety-security/safety-initiatives/drugs/engtesting.htm

Although if you are certain no drugs or alcohol are involved even if he wasn't cited and the testing isn't required the proof he was clean may prove useful . I wouldn't take unnecessary test though .

 

Not required on all accidents.

Only on those that require hospital for any injury or if a fatality is involved or towing of either vehicle.

 

The post accident rules are in part 382.303 If the driver received a citation and was taken from the scene in an ambulance then he must be tested post accident. If no citation was issued then driver need not be tested.

FATALITY: TESTED FOR D/A

NO FATALITY: IF THE DRIVER RECEIVED A CITATION WITHIN 8-HOURS OF THE ACCIDENT/INCIDENT AND AS THE RESULT OF THE ACCIDENT i.e. FAILURE TO MAINTAIN CONTROL, SPEED, OR ANY OTHER CITATION IN DIRECT REGARD TO THE ACCIDENT/INCIDENT (BRAKE OUT OF ADJUSTMENT AND THE LIKE DOES NOT COUNT) AND,
THERE WAS AN INJURY TAKEN AWAY BY AMBULANCE: D/A TESTING IS REQUIRED

IF THE DRIVER RECEIVED A CITATION WITHIN THE 8-HOURS AS THE RESULT OF THE ACCIDENT AND,
A VEHICLE WAS TOWED: D/A TESTING IS REQUIRED

DRUG TESTING IS REQUIRED WITHIN 32-HOURS AND ALCOHOL WITHIN 2-HOURS. IF ALCOHOL TESTING IS MANDATED AND CANNOT BE COMPLETED WITHIN 2-HOURS YOU MUST COMPLETE A DOCUMENT THAT IS EXPLAINED AT 382.303(d) AND EXPLAIN WHY DRIVER WAS NOT TESTED FOR ALCOHOL WITHIN 2-HOURS. IF DRIVER WAS NOT TESTED FOR ALCOHOL WITHIN 8-HOURS YOU MUST SUSPEND THE ALCOHOL TEST AND COMPLETE THE SAME REPORT AND EXPLAIN WHY DRIVER WAS NOT TESTED FOR ALCOHOL.

IF NO CITATION WAS ISSUED AS THE RESULT OF THE INCIDENT AND THERE WERE NO FATALITIES THEN NO TESTING IS REQUIRED.

If you're a business owner you should know this. You're required under the rules as a business owner to know the rules

From a retired federal DOT official

 

Only problem with the citation rule is that they might issue the citation later in the day. Therefore, immediate drug and alcohol testing was not completed timely.

Most of the companies I have driven for require it when:

Any vehicle must be towed from the site.
Hospital care to any injured.
Fatality.

 

I agree with your statement however if the testing was not mandated yet the carrier required testing, then the specimens must be provided as a non-dot test. You can only provide specimens for DOT testing when required by the rules. It will be the same 5-panel test, but for non-DOT purposes.

The reason I agree that if not mandated then don't do the test is for legal reasons. If it wasn't mandated & the testing were positive, then that is just adding insult to injury when a lawyer gets ahold of a positive test under the discovery motions in any litigation.

 

The citation must be issued within 8-hours as shown in 382.303(a)(2). If the citation took that long to be issued one still must provide the urine specimen and then complete the 382.303(d) document explaining that the citation was not issued until the "Xth" hour after the incident.