Avoid mixing and matching your safety regulations
The criteria to perform a DOT post-accident drug and alcohol test is similar to — but not the same as — the definition of a crash appearing on your accident register.
If you don’t have a clear understanding of Section 390.5 (Definitions) versus Section 382.303 (DOT post-accident testing), you may find yourself performing tests when you should not. Performing a test under DOT authority when it does not fit within the scope of the regulations is a violation.
Accident register
Let's begin by explaining when a crash must appear on an accident register in accordance with Section 390.15 (i.e., recordable). These same accidents are also used in the Compliance, Safety, Accountability (CSA) enforcement model to score the carrier in the Crash Indicator BASIC (Behavior Analysis and Safety Improvement Category).
In order to meet the definition of accident in Section 390.5:
The incident must involve a commercial motor vehicle (CMV) as defined in Section 390.5, which includes Commercial Driver’s License (CDL) and non-CDL vehicle types.
One of the following must occur as a result of the accident:
fatality,
disabling damage to one of the vehicles involved requiring towing, or
bodily injury requiring immediate medical treatment away from the scene.
It DOES NOT have to result in a citation issued to the CMV driver.
One of the following must occur as a result of the accident:
fatality,
disabling damage to one of the vehicles involved requiring towing, or
bodily injury requiring immediate medical treatment away from the scene.
It DOES NOT have to result in a citation issued to the CMV driver.
The term accident does not include an occurrence involving only boarding and alighting from a stationary motor vehicle; or an occurrence involving only the loading or unloading of cargo.
DOT post-accident tests
The criteria to send a driver for DOT post-accident tests in accordance with Section 382.303 build upon this general accident definition. But the regulation adds the following requirements to set it apart:
DOT post-accident tests
The criteria to send a driver for DOT post-accident tests in accordance with Section 382.303 build upon this general accident definition. But the regulation adds the following requirements to set it apart:
It requires the operation of a CDL-type vehicle. The vehicle subject to the rule is defined in Sections 382.107 and 383.5. Unlike the accident register, it does not apply to the operation of the non-CDL regulated vehicle, even if the driver happens to hold a CDL.
One of the following situations must exist as a result of the crash in order to qualify for testing:
fatality,
disabling damage to one of the vehicles involved requiring towing PLUS a citation to the CDL driver, or
bodily injury requiring immediate medical treatment away from the scene PLUS a citation to the CDL driver.
Of course, the driver must remain available for testing following the crash. The regulations require availability up to 32 hours for drug testing and 8 hours for alcohol. The driver must refrain from consuming alcohol for 8 hours in case circumstances change warranting a test. For example, someone may die as a result of the crash within the allowable time for testing, or your driver may be issued a citation after the fact within 8 or 32 hours when the injury or towing criterion was already met.
One of the following situations must exist as a result of the crash in order to qualify for testing:
fatality,
disabling damage to one of the vehicles involved requiring towing PLUS a citation to the CDL driver, or
bodily injury requiring immediate medical treatment away from the scene PLUS a citation to the CDL driver.
Of course, the driver must remain available for testing following the crash. The regulations require availability up to 32 hours for drug testing and 8 hours for alcohol. The driver must refrain from consuming alcohol for 8 hours in case circumstances change warranting a test. For example, someone may die as a result of the crash within the allowable time for testing, or your driver may be issued a citation after the fact within 8 or 32 hours when the injury or towing criterion was already met.
Take-away fact
The bottom line is that all crashes requiring a DOT post-accident drug and alcohol test will appear on your accident register, BUT not all crashes on your accident register will qualify to perform DOT post-accident tests.
http://www.jjkeller.com/shop/Category/content_category_Transportation_article_DOT-recordable-crashes-versus-post-accident-tests*052016_10151_-1_10551
http://www.jjkeller.com/shop/Category/content_category_Transportation_article_DOT-recordable-crashes-versus-post-accident-tests*052016_10151_-1_10551
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