FMCSA Post-Accident Drug Testing Requirements

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This course is designed for the designated employer representative. We also cover the same topic for supervisors.

In our FMCSA Post-Accident Drug Testing Requirements Course we discuss FMCSA post-accident drug testing laws and regulations, coming largely from 49 CFR part 382.303.

That big jumble of numbers and letters is the regulation code outlining FMCSA post-accident drug testing requirements. It outlines all regulation and policy for, you guessed it, FMCSA post-accident drug testing.

Fortunately, our training course details the topic thoroughly and practically for you. In the course you will learn:

What Post-Accident Drug Testing Is

A drug test administered to a driver following an accident. It is compulsory for any driver following an accident, assuming the driver is fit to take a drug test.

How FMCSA Rules Define an “Accident”

“Accident” is in quotations because used in the context of the FMCSA it is a technical term. It is defined by certain standards – standards that normal people may not share with the FMCSA.

So you think you know what constitutes an accident, and I’m sure you do. But the question is whether the FMCSA would agree with you.

We cover the technical standards that the FMCSA lays out in defining an “accident.” Because unless you know these standards, you won’t be able to recognize an accident in the FMCSA sense of the word.

To Identify When and Whom To Test After an Accident

Who to test is fairly straightforward. You want to make sure you test the driver covered in the DOT drug testing program.

As for when, still straightforward, but a little more brittle. You have 32 hours after the time of the accident to administer a drug test. Wait longer than that, and any drug test is null and void.

So just make sure that you get the drug test done within the post accident drug test time limit. We discuss different variations of situations in the training.

For example, what happens if the driver is unable to take a drug test due to sustained injuries? What happens if there is a fatality in the accident, and the local, state, and federal authorities never give you a chance to administer a post-accident drug test? Learn the FMCSA post accident drug testing requirements and how they apply to different circumstances.

The Driver Responsibilities Before and After Testing

The driver must make herself available after an accident for testing, even after the authorities have done their part. After the driver takes the drug test, the FMCSA allows the driver to return to regular duties, assuming authorities don’t press any charges.

How To Initiate FMCSA Post-Accident Testing

We discuss how you, as the DER, must initiate post-accident testing, making sure that the supervisor administers the drug test within the 32 hour time frame. If the supervisor doesn’t get the drug test in time, it means a whole lot of paper work and explaining to do for you and the supervisor.

The FMCSA post-accident drug testing requirements are not overly complex, but they are specific. This course will make sure you know the requirements well.

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