Post-accident testing is the test employers are least prepared for, because it never happens on a schedule. A little preparation goes a long way.
What triggers a post-accident test
For DOT-regulated employers, each agency defines the accidents that require testing. FMCSA, for example, ties the requirement to fatalities, injuries treated away from the scene and disabling damage to a vehicle, combined with whether the driver received a citation. For Non-DOT employers, your written policy defines the trigger: often any injury requiring medical treatment, significant property damage or a near miss.
The trigger should be written down before an incident happens. Deciding on the spot invites inconsistency and challenge.
The time windows (FMCSA)
For FMCSA-regulated employers, the post-accident alcohol test should be administered as soon as practicable. If it has not been administered within 2 hours, the employer documents the reason; if it has not been administered within 8 hours, attempts stop and the employer documents why. The controlled-substances test must be administered within 32 hours; attempts stop after that point, with the reason documented.
These are FMCSA rules. FTA, FRA, FAA, PHMSA and USCG each have their own post-accident requirements, so check your agency’s rule rather than assuming the FMCSA windows apply. Non-DOT policies should set reasonable windows of their own.
Why alcohol is tested first
Alcohol leaves the body quickly. A breath test performed an hour after the incident is far more meaningful than one performed six hours later. When both tests are required, the breath alcohol test is done as soon as the collector arrives and the urine collection follows.
What to do in the first hour
- Take care of the people involved and the scene. Testing never comes before medical care.
- Note the time of the incident. Every window is measured from it.
- Do not let the employee drive. That is one of the strongest arguments for mobile collection.
- Call the collection service. Tell them the program, the location and the time of the incident. Dispatch can start while details are still being gathered.
- Keep the employee in a safe place with a supervisor until the collector arrives.
If the employee went to the hospital
Call the collection service anyway. Depending on the program and the situation, the collector may meet the employee at an appropriate location after release, or your policy may allow hospital-collected specimens. Do not assume the test is off the table.
Methods that are and are not allowed
DOT post-accident drug tests are currently urine collections analyzed at an HHS-certified laboratory; alcohol tests use an approved ASD or EBT for screening, and any screening result of 0.020 or greater is confirmed on an approved EBT. Instant or point-of-collection drug tests, hair and EtG are not permitted for DOT tests. Non-DOT programs may add a rapid screen if the policy allows it, but a non-negative screen should still be confirmed by the laboratory before any decision.
Our post-accident testing page explains how a mobile collection works after an incident. If something has just happened, call 1-800-539-4934.