To all the LEOs on here, question about post accident drug/alcohol testing. HELP!

A post accident D & A tests are required under the following conditions:

1. Any fatal accident

2. Tow-away when driver is cited for moving violation

3. Injury accident when driver is cited for moving violation

Post accident alcohol test are required within two hours not to exceeed eight hours of the accident as identified above. The post accident drug test must be completed within the first 32 hours of the accident as listed above.

A motor carrier may test for D & A for any circumstance they deem necessary; however, they may only use federal forms for the drug and alcohol test required by Part 382.

1. Pre-employment
2. Random
3. Post accident (when it meets the requirements)
4. Return to duty
5. Follow-up
6. Reasonable suspicion

If you do a post accident D & A test and discover they used a federal form call 1-888-DOT-SAFT or go to http://nccdb.fmcsa.dot.gov/HomePage.asp and file a complaint electronically.

Carriers cannot report non-DOT drug or alcohol test to subsequent employers. Carriers may only report positive DOT drug and alcohol test to subsequent employers.

Be safe.

 

You mean if you test positive on a non-DOT wizz quiz they can only fire you and cannot put it on your DAC?

 

It would be a violation of the Fair Credit Reporting Act (FCRA). Employers cannot release information that would have a negative impact on a person's ability to obtain employment.

Part 382 and Part 40 superceeds the FCRA as employers are required to report positive DOT drug and alcohol test results to subsequent DOT regulated employers.

Be safe.