drivers rights?

Doesn't matter. It's not like the drug testing laws came out last week.
If you don't like the regulations you voluntarily chose to work under, you can always get a different job.

 

While you are at it with the what ifs and questions about everything you signed up for. Did you clear that intersection when coming up on it? What was your eye lead time leading up to the accident? Just because the police said it wasn't your fault doesn't mean it wasn't preventable. Just a few questions since now you wanna question everything... figured we might as well cover everything.

 

this is where your attorney can have him tested. he is not under any federal regualtions like CDL drivers are to be tested post accident.

a cop could check him for say being drunk, but as far as i know, no drug testing is done.

in trucking, CDL drivers are (by opinions only) guilty until proven innocent.

now what i find interesting with YOU is that you have been on these boards for some time now....right..??

since 2017....right..??

and you mean to try and tell everyone here, that you are NOT AWARE of how truckers are treated..???

 

Post-accident drug/BAC tests have been required for over 20 years. These rules were in place before you started.

 

Only if there is a fatality, the rest is just company policy to save their backside, can't blame them for that.
I can't say when it started, but I don't remember any drug testing at all when I started, or even for many years after.

 

Question 3: A commercial motor vehicle operator is involved in an accident in which an individual is injured but does not die from the injuries until a later date. The commercial motor vehicle driver does not receive a citation under State or local law for a moving traffic violation arising from the accident. How long after the accident is the employer required to attempt to have the driver subjected to post-accident testing?

Guidance:

Each employer is required to test each surviving driver for alcohol and controlled substances as soon as practicable following an accident as required by §382.303. However, if an alcohol test is not administered within 8 hours following the accident, or if a controlled substance test is not administered within 32 hours following the accident, the employer must cease attempts to administer that test. In both cases the employer must prepare and maintain a record stating the reason(s) the test(s) were not promptly administered.

If the fatality occurs following the accident and within the time limits for the required tests, the employer shall attempt to conduct the tests until the respective time limits are reached. The employer is not required to conduct any tests for cases in which the fatality occurs outside of the 8 and 32 hour time limits.

Regulations Section

 

Maybe, I'm wrong but the 10 year background check and the post-accident drug tests have been in place since approximately 1994.

 

I’m pretty sure I had to get tested for my first “real” driving job in 1997.

 

I got tested for my job in 1994

 

Omnibus Employee Testing Act of 1991