POST ACCIDENT - FMCSA Criteria
(Criteria is specific to each DOT Agency regulation)
If you are involved in an event (accident, crash, etc.) meeting certain criteria of the DOT, a post-accident test will be required. You will then have to take a drug test and an alcohol test. You are required to remain available for this testing and are not permitted to refuse testing.
If you are involved in an event (accident, crash, etc.) meeting certain criteria of the DOT, a post-accident test will be required. You will then have to take a drug test and an alcohol test. You are required to remain available for this testing and are not permitted to refuse testing.
Type of accident involved
i. Human fatality ii. Bodily injury with immediate medical treatment away from the scene iii. Disabling damage to any motor vehicle requiring tow away |
Citation issued to the CMV driver
YES NO YES NO YES NO |
Test required
YES YES YES NO YES NO |
Alcohol concentration. The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath, as indicated by a breath test. This is called BAC or Breath Alcohol Concentration, which translates to Blood Alcohol Concentration.
One Drink (drink = 1 Beer, 1 glass of wine, or 1 shot mixed drink) raises the BAC approximately .02%. Alcohol metabolizes at approximately .015% per hour
Example: A 161 lb man drinks four beers in one hour and has an approximate BAC of .08.
Two hours after he started drinking, his BAC is .05 (.08-.03=.05)
Commonly Used Acronyms:
ASD Alcohol Screening Device
BAT Breath Alcohol Technician CDL Commercial Driver’s License CMV Commercial Motor Vehicle DER Designated Employer Representative DHHS Department of Health and Human Services EBT Evidential Breath Testing Device MRO Medical Review Officer SAP Substance Abuse Professional |
DOT Department of Transportation
FMCSA Federal Motor Carrier Safety Administration FAA Federal Aviation Administration FRA Federal Railroad Administration FTA Federal Transit Administration PHMSA Pipeline & Hazardous Material Safety Admin NHTSA National Highway Traffic Safety Administration |
Terms you should understand:
- “Commercial Motor Vehicle” (§382.107) a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle – has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds or is designed to transport 16 or more passengers, including the driver.
- “Controlled substances” In the regulation, the terms “drugs” and “controlled Substances” are interchangeable and have the same meaning. DOT agency drug testing programs require that employers test for marijuana, cocaine, opiates, amphetamines and phencyclidine (§ 40.85).
- “Designated Employer Representative” (DER) is an individual identified by the employer as able to receive communications and test results from service agents and who is authorized to take immediate action(s) to remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation processes. The individual must be an employee. Service agents cannot serve as DER.
- “Driver” means any person who operates or maintains a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, substitute, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.
- “Medical Review Officer” (MRO). A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program and evaluating medical explanations for certain drug test results.
- “Performing” a safety-sensitive function means any period in which a covered employee is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.
- “Reasonable suspicion” is the determination, by a Supervisor trained in the recognition of drug use and alcohol abuse in the workplace, that an employee has violated the prohibitions concerning alcohol and/or controlled substances. The determination must be based on Specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver.
- “Substance Abuse Professional” (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare. MISD will provide a listing of SAPs to each employee who violates a DOT drug and alcohol regulation.
- “Controlled substances” In the regulation, the terms “drugs” and “controlled Substances” are interchangeable and have the same meaning. DOT agency drug testing programs require that employers test for marijuana, cocaine, opiates, amphetamines and phencyclidine (§ 40.85).
- “Designated Employer Representative” (DER) is an individual identified by the employer as able to receive communications and test results from service agents and who is authorized to take immediate action(s) to remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation processes. The individual must be an employee. Service agents cannot serve as DER.
- “Driver” means any person who operates or maintains a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, substitute, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.
- “Medical Review Officer” (MRO). A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program and evaluating medical explanations for certain drug test results.
- “Performing” a safety-sensitive function means any period in which a covered employee is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.
- “Reasonable suspicion” is the determination, by a Supervisor trained in the recognition of drug use and alcohol abuse in the workplace, that an employee has violated the prohibitions concerning alcohol and/or controlled substances. The determination must be based on Specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver.
- “Substance Abuse Professional” (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare. MISD will provide a listing of SAPs to each employee who violates a DOT drug and alcohol regulation.
Frequently Asked Questions:
Who is covered by the Drug and Alcohol Regulations?
All drivers who operate commercial motor vehicles that require a commercial driver's license under 49 CFR Part 383 are subject to the FMCSA's drug and alcohol regulation 49 CFR Part 382. Click the following link to determine if you are covered by this regulation, or Drug and alcohol regulations of another DOT Agency. Am I covered?
What is a Safety Sensitive Function?
“Safety-sensitive function” means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions include:
- All time at an employer terminal, facility, or other property, or on any public property, waiting to be dispatched,
unless the driver has been relieved from duty by the employer;
- All time inspecting equipment as required by §392.7 and §392.8 or otherwise inspecting, servicing, or
conditioning
any commercial motor vehicle at any time;
- All time spent at the driving controls of a commercial motor vehicle in operation;
- All time, other than driving time, in or upon any commercial motor vehicle;
- All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle
being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for
shipments loaded or unloaded; and
- All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
- All time at an employer terminal, facility, or other property, or on any public property, waiting to be dispatched,
unless the driver has been relieved from duty by the employer;
- All time inspecting equipment as required by §392.7 and §392.8 or otherwise inspecting, servicing, or
conditioning
any commercial motor vehicle at any time;
- All time spent at the driving controls of a commercial motor vehicle in operation;
- All time, other than driving time, in or upon any commercial motor vehicle;
- All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle
being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for
shipments loaded or unloaded; and
- All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
What are the Drug and Alcohol Prohibitions?
- Use, possession or being under the influence of a prohibited controlled substance while on duty, or on Company premises, property or worksite.
- Prescription and Non-Prescription medicine use that impairs an employee’s ability to perform the duties of his or her position.
- Consuming an intoxicating beverage, regardless of its alcohol content, within four (4) hours of reporting for work or operating; and for eight (8) hours following an incident or until a post-incident alcohol test is performed.
- Possessing, consuming or being under the influence of an intoxicating beverage, regardless of its alcohol content while on duty, or on Company premises, property or worksite.
- Refusing to submit to an alcohol or controlled substances test as required by this policy.
*NOTE: Some employers require that the driver inform them, in writing, of the use of any prescribed controlled substance. This must include a written statement from the prescribing Physician that the use of the prescribed substance will not inhibit the driver’s ability to perform their job.
*NOTE: While a minority of states allow medical use of marijuana, federal laws and policy do not recognize any legitimate medical use of marijuana.
Even if marijuana is legally prescribed in a state, DOT regulations treat its use the same way as the use of any other illicit drug.
- Prescription and Non-Prescription medicine use that impairs an employee’s ability to perform the duties of his or her position.
- Consuming an intoxicating beverage, regardless of its alcohol content, within four (4) hours of reporting for work or operating; and for eight (8) hours following an incident or until a post-incident alcohol test is performed.
- Possessing, consuming or being under the influence of an intoxicating beverage, regardless of its alcohol content while on duty, or on Company premises, property or worksite.
- Refusing to submit to an alcohol or controlled substances test as required by this policy.
*NOTE: Some employers require that the driver inform them, in writing, of the use of any prescribed controlled substance. This must include a written statement from the prescribing Physician that the use of the prescribed substance will not inhibit the driver’s ability to perform their job.
*NOTE: While a minority of states allow medical use of marijuana, federal laws and policy do not recognize any legitimate medical use of marijuana.
Even if marijuana is legally prescribed in a state, DOT regulations treat its use the same way as the use of any other illicit drug.
When will I be tested?
Covered employees are subject to drug or alcohol testing in the following situations:
• Pre-employment
• Reasonable Suspicion/Cause • Random |
• Post-Accident
• Return-to-duty • Follow-up |
*NOTE: The following definitions relate specifically to the requirements of the FMCSA. If your DOT Program falls under the jurisdiction of another governing agency, please see the appropriate agency website, or contact OMS Compliance Services for information specific to that DOT Governing Agency.
Pre-Employment
As a new hire, you are required to submit to a drug test. Employers may, but are not required to, conduct alcohol testing. Only after your employer receives a negative drug test result may you begin performing safety-sensitive functions. This also applies if you are a current employee transferring from a non-safety-sensitive function into a safety-sensitive position (even if it is with the same employer).
Reasonable Suspicion/Cause
You are required to submit to any test (whether drug, alcohol or both) that a supervisor requests based on reasonable suspicion. Reasonable suspicion means that one or more trained supervisors reasonably believes or suspects that you are under the influence of drugs or alcohol. They cannot require testing based on a hunch or guess alone; their suspicion must be based on their personal observations concerning your appearance, behavior, speech and smell that are usually associated with drug or alcohol use.
Random
You are subject to unannounced random drug & alcohol testing. Alcohol testing is administered just prior to, during or just after performing safety sensitive functions.
No manager, supervisor, official or agent may select you for testing just because they want to. Under DOT regulations, employers must use a truly random selection process. Each employee must have an equal chance to be selected and tested each time a random draw is performed.
Just prior to the testing event, you will be notified of your selection and provided enough time to stop performing your safety sensitive function and report to the testing location. Failure to immediately show for a test or interfering with the testing process in any way can be considered a refusal.
Post-Accident
If you are involved in an event (accident, crash, etc.) meeting certain criteria of the DOT, a post-accident test will be required. You will then have to take a drug test and an alcohol test. You are required to remain available for this testing and are not permitted to refuse testing.
Return to Duty
If you have violated the prohibited drug & alcohol rules, you are required to take a drug and/or alcohol test before returning to safety-sensitive functions for any DOT regulated employer. You are subject to unannounced follow-up testing at least 6 times during the first 12 months following your return to active safety-sensitive service.
Follow-up
The amount of follow-up testing you receive is determined by a Substance Abuse Professional (SAP) and may continue for up to 5 years. This means the SAP will determine how many times you will be tested (at least 6 times in the first year), for how long, and for what substance (i.e. drugs, alcohol, or both).
The regulations were revised on August 31, 2009 requiring that all Return to Duty and Follow-up tests be collected under direct observation. Follow-up testing is in addition to all other DOT required testing.
How is the drug testing done?
The collection of your urine specimen will be conducted under the procedures required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs dated April 11, 1988. (Revised August 1, 2001) These procedures allow for individual privacy unless there is reason to believe that a particular individual may alter or substitute the specimen that will be provided. The collection site person will take precautions to ensure that your specimen is not adulterated or diluted during the collection procedure. Your specimen collected must follow strict chain of custody and security procedures.
The following steps will be used to maintain compliance with the above stated guidelines, and other pertinent DOT regulations:
· Photo identification (e.g., driver’s license, photo ID, Agency badge) must be presented at the collection site.
You must be positively identified as the donor.
· You will be asked to remove any unnecessary outer garments such as coat or jacket. All personal belongings
like purses or briefcases will remain with the outer garment. You may retain your wallet.
· You will be asked to empty your pockets and display the contents to insure that no items are present which
could be used to adulterate the specimen, after displaying the items you may place them back in your
pockets.
· You will be instructed to wash and dry your hands prior to providing a specimen.
· During the collection the toilet will have blue dye added and you will have no access to water.
· The collection site person working with you will be of the same gender as yourself during an observed
collection.
· Your specimen will be provided in the privacy of a stall or otherwise partitioned area that allows for individual
privacy.
· After handing the specimen bottle to the collector, you should keep the specimen in full view at all times
until it is sealed and labeled. This protects you against the wrong label being put on your bottle or
someone tampering with your specimen.
· If the collection site person has reason to believe that you may have altered or substituted the specimen,
they will notify a higher-level supervisor. Should you tamper, adulterate or in any other way attempt to
dilute your specimen, the collection site person must require that a second collected specimen be done
under direct observation by a same gender collection site person.
· You will be asked to initial the identification label on the specimen bottle for the purpose of certifying that it
came from you.
· Your sample will be shipped, overnight using strict chain of custody rules, to a DHHS laboratory.
· Your sample will be tested for marijuana, cocaine, opiates, amphetamines and phencyclidine per
the guideline limits established by the DOT.
· If, after laboratory analysis, the specimen is found to contain any drugs of abuse, the results will be disclosed
only to your company’s Medical Review Officer (MRO). Prior to making a final decision to verify a positive
test result, the MRO shall give you an opportunity to discuss the test results and submit medical
documentation of legally prescribed medication.
· Records concerning your collection and testing are covered under the Privacy Act 5ISC 522a. Employee
records shall be maintained and used with the highest regard for your privacy.
*NOTE: Any employee, upon written request, has access to any records relating to his or her drug tests. The results of a drug test may not be disclosed without your prior written consent, unless it is to:
· Your Medical Review Officer
· The Administrator of any Employee Assistance Program in which you are receiving counseling or treatment
or are otherwise participating.
· A management official having authority to take adverse personnel action against you.
· Defend the U.S. Government against any challenge against adverse personnel action.
If you have any concerns or questions about the collection process, you should immediately bring them to the attention of your supervisor, on-site collection coordinator, or your DER.
The following steps will be used to maintain compliance with the above stated guidelines, and other pertinent DOT regulations:
· Photo identification (e.g., driver’s license, photo ID, Agency badge) must be presented at the collection site.
You must be positively identified as the donor.
· You will be asked to remove any unnecessary outer garments such as coat or jacket. All personal belongings
like purses or briefcases will remain with the outer garment. You may retain your wallet.
· You will be asked to empty your pockets and display the contents to insure that no items are present which
could be used to adulterate the specimen, after displaying the items you may place them back in your
pockets.
· You will be instructed to wash and dry your hands prior to providing a specimen.
· During the collection the toilet will have blue dye added and you will have no access to water.
· The collection site person working with you will be of the same gender as yourself during an observed
collection.
· Your specimen will be provided in the privacy of a stall or otherwise partitioned area that allows for individual
privacy.
· After handing the specimen bottle to the collector, you should keep the specimen in full view at all times
until it is sealed and labeled. This protects you against the wrong label being put on your bottle or
someone tampering with your specimen.
· If the collection site person has reason to believe that you may have altered or substituted the specimen,
they will notify a higher-level supervisor. Should you tamper, adulterate or in any other way attempt to
dilute your specimen, the collection site person must require that a second collected specimen be done
under direct observation by a same gender collection site person.
· You will be asked to initial the identification label on the specimen bottle for the purpose of certifying that it
came from you.
· Your sample will be shipped, overnight using strict chain of custody rules, to a DHHS laboratory.
· Your sample will be tested for marijuana, cocaine, opiates, amphetamines and phencyclidine per
the guideline limits established by the DOT.
· If, after laboratory analysis, the specimen is found to contain any drugs of abuse, the results will be disclosed
only to your company’s Medical Review Officer (MRO). Prior to making a final decision to verify a positive
test result, the MRO shall give you an opportunity to discuss the test results and submit medical
documentation of legally prescribed medication.
· Records concerning your collection and testing are covered under the Privacy Act 5ISC 522a. Employee
records shall be maintained and used with the highest regard for your privacy.
*NOTE: Any employee, upon written request, has access to any records relating to his or her drug tests. The results of a drug test may not be disclosed without your prior written consent, unless it is to:
· Your Medical Review Officer
· The Administrator of any Employee Assistance Program in which you are receiving counseling or treatment
or are otherwise participating.
· A management official having authority to take adverse personnel action against you.
· Defend the U.S. Government against any challenge against adverse personnel action.
If you have any concerns or questions about the collection process, you should immediately bring them to the attention of your supervisor, on-site collection coordinator, or your DER.
What Are The Procedures for a Direct Observation Collection?
DOT’s 49 CFR Part 40 authorizes and requires directly observed collections only when:
- An employee attempts to tamper with his or her specimen at the collection site.
- The specimen temperature is outside the acceptable range;
- The specimen shows signs of tampering ~ unusual color / odor / characteristic; or
- The collector finds an item in the employee’s pockets or wallet, which appears to be brought into the
site to contaminate a specimen; or the collector notes conduct suggesting tampering.
-The collection is for a Follow-Up test or a Return-to-Duty test.
The Medical Review Officer (MRO) can order the direct observation because:
- The employee has no legitimate medical reason for certain atypical laboratory results; or
- The employee’s positive or refusal [adulterated / substituted] test result had to be cancelled because
the split specimen test could not be performed (for example, the split was not collected).
Directly Observed Collection Procedures:
- The observer must be the same gender as the employee.
- When the collector cannot be the observer, the collector must instruct the observer about the procedures for checking the employee for prosthetic or other devices designed to carry “clean” urine and urine substitutes AND for watching the employee urinate into the collection container.
● The observer will request the employee to raise his or her shirt, blouse or dress / skirt, as appropriate,
above the waist, just above the navel; and lower clothing and underpants to mid-thigh and show the
observer, by turning around, that the employee does not have such a device.
● If The Employee Has A Device: The observer immediately notifies the collector; the collector stops the
collection; and the collector thoroughly documents the circumstances surrounding the event in the
remarks section of CCF. The collector notifies the DER. This is a refusal to test.
● If The Employee Does Not Have A Device: The employee is permitted to return clothing to its proper
position for the observed collection. The observer must watch the urine go from the employee’s body
into the collection container. The observer must watch as the employee takes the specimen to the
collector. The collector then completes the collection process.
*Failure of the employee to permit any part of the direct observation procedure is considered a refusal to test.
- An employee attempts to tamper with his or her specimen at the collection site.
- The specimen temperature is outside the acceptable range;
- The specimen shows signs of tampering ~ unusual color / odor / characteristic; or
- The collector finds an item in the employee’s pockets or wallet, which appears to be brought into the
site to contaminate a specimen; or the collector notes conduct suggesting tampering.
-The collection is for a Follow-Up test or a Return-to-Duty test.
The Medical Review Officer (MRO) can order the direct observation because:
- The employee has no legitimate medical reason for certain atypical laboratory results; or
- The employee’s positive or refusal [adulterated / substituted] test result had to be cancelled because
the split specimen test could not be performed (for example, the split was not collected).
Directly Observed Collection Procedures:
- The observer must be the same gender as the employee.
- When the collector cannot be the observer, the collector must instruct the observer about the procedures for checking the employee for prosthetic or other devices designed to carry “clean” urine and urine substitutes AND for watching the employee urinate into the collection container.
● The observer will request the employee to raise his or her shirt, blouse or dress / skirt, as appropriate,
above the waist, just above the navel; and lower clothing and underpants to mid-thigh and show the
observer, by turning around, that the employee does not have such a device.
● If The Employee Has A Device: The observer immediately notifies the collector; the collector stops the
collection; and the collector thoroughly documents the circumstances surrounding the event in the
remarks section of CCF. The collector notifies the DER. This is a refusal to test.
● If The Employee Does Not Have A Device: The employee is permitted to return clothing to its proper
position for the observed collection. The observer must watch the urine go from the employee’s body
into the collection container. The observer must watch as the employee takes the specimen to the
collector. The collector then completes the collection process.
*Failure of the employee to permit any part of the direct observation procedure is considered a refusal to test.
What if I am unable to give a sample?
If you do not provide a sufficient specimen within three hours, you must obtain a medical evaluationwithin five days to determine if there is an acceptable medical reason for not being able to provide a specimen. If it is determined that there is no legitimate physiological or pre-existing psychological reason for not providing a urine specimen, it will be considered a refusal to test.
The physical exam is scheduled after the designated employer representative consults with the medical review officer. The physician chosen to complete the evaluation must have expertise in the medical issues raised and be acceptable to the Medical Review Officer.
The physical exam is scheduled after the designated employer representative consults with the medical review officer. The physician chosen to complete the evaluation must have expertise in the medical issues raised and be acceptable to the Medical Review Officer.
Should I refuse a test if I believe I was unfairly selected for testing?
Rule of Thumb: Comply then make a timely complaint.
If you are instructed to submit to a DOT drug or alcohol test and you don’t agree with the reason or rationale for the test, take the test anyway. Don’t interfere with the testing process or refuse the test.
After the test, express your concerns to your employer through a letter to your company’s Human Resources office, by following agreed upon company procedures. You can also express your concerns to the appropriate DOT agency drug & alcohol program office.
Whomever you decide to contact, please contact them as soon as possible after the test.
If you are instructed to submit to a DOT drug or alcohol test and you don’t agree with the reason or rationale for the test, take the test anyway. Don’t interfere with the testing process or refuse the test.
After the test, express your concerns to your employer through a letter to your company’s Human Resources office, by following agreed upon company procedures. You can also express your concerns to the appropriate DOT agency drug & alcohol program office.
Whomever you decide to contact, please contact them as soon as possible after the test.