DOT Safety Regulation Update Fast-Fax™
Week of October 3, 2011
Foley Services Your Single Source for DOT Compliance
It is tough to get the call informing you that your driver has been involved in an accident. Minimize this stressful situation by knowing the facts about Post-Accident Testing ahead of time and being assured that Foley is with you providing help at every turn.
Taking care of everything when faced with the aftermath of an accident is an emotional and hectic time. Processing all of the information coming at you can be intimidating. Once the safety of the driver has been established, Post-Accident Testing needs to be addressed. The Federal Motor Carrier Safety Administration (FMCSA) has very clear regulations denoting whether or not your driver is to be tested under federal requirements.
What are the circumstances that require federal testing in Post-Accident situations?
The FMCSA requirements pertaining to Post-Accident Drug and Alcohol Testing are found in 49 CFR, Part 382.303. There you will find the three situations which require
- If there is a human fatality as a result of the accident, your driver must be tested.
- If your driver receives a citation for a moving violation and there is bodily injury that results in medical treatment away from the scene, your driver must be tested.
- If your driver receives a citation for a moving violation and there is disabling damage to any of the vehicles involved, your driver must be tested.
The key point in Numbers 2 and 3 is that the driver must first have been issued a citation for a moving violation.
When does my driver need to be tested if testing is required?
FMCSA regulations state testing for drugs and alcohol must take place “as soon as practicable following an occurrence”.
Post-Accident Alcohol Testing must be administered “within eight hours of the occurrence”. However, if alcohol testing is not completed within two hours, the employer must maintain written documentation regarding the reason(s) testing could not occur. If testing is not completed within eight hours, the employer “shall cease attempts to administer an alcohol test and maintain the same record”.
Post-Accident Drug Testing must be administered “within 32 hours of the occurrence”. If testing is not completed within 32 hours, the employer “shall cease attempts to administer a controlled substances test, and prepare and maintain on file a record stating the reasons the test was not promptly administered”.
In any Post-Accident situation, the driver “shall remain readily available” for testing. If one does not remain available, he/she may be “deemed by the employer to have refused to submit”.
Which Custody and Control Form (CCF) do I use?
When federal drug testing is required under FMCSA regulations, a Federal CCF is always needed. It is a good practice to ensure that your drivers have a company specific Federal CCF in their truck.
If federal testing is not required, but your company policy warrants testing, be sure to use a Non-Federal CCF. Using CCFs that were provided specifically to your company is important as they have your company information imprinted on them. This ensures accurate and timely reporting of the drug test results.
How can Foley Carrier Services help me in a Post-Accident situation?
At Foley Carrier Services, we provide “help at every turn”. If an accident should occur, call us right away at (800) 253-5506. Our staff of knowledgeable agents is available to help with post-accident emergencies around-the-clock.
An Overview of DOT Record-Keeping Requirements.
Organized Files Streamline Audits
During Safety Audits and Compliance Reviews, auditors will carefully comb through all the paperwork in your DOT compliance records. By purging unnecessary records and properly organizing your files, you will simplify and streamline the review process.
Drug and Alcohol Testing
Remember all DOT drug and alcohol test (DAT) records must be maintained in a secure location with controlled access. This means all DAT records must be kept in a separate file under lock and key; they should not be stored with personnel files. As the rules make no exceptions for one-driver companies, we advise owner-operators to maintain their DAT files separately as well.
Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 707 • © Foley Carrier Services, LLC. 2011