DOT has a very strict definition of when a post-accident test is required. Post-accident testing on the driver must be completed as soon as possible following an accident where:
- There was a fatality and/or
- The driver was cited for a moving violation.
If the driver was issued a citation, the following must also involve:
- Bodily injury to any person who receives medical treatment away from the scene of the accident or
- One or more vehicles incurring disabling damage to be towed away from the scene of the accident.
Post-accident alcohol testing should be done within 8 hours of the accident. If testing cannot be done within the time limit, the employer must maintain a file that explains why the testing was not done.
Post-accident drug testing should be done within 32 hours of the accident. If the testing cannot be done within the time limits, the employer should cease attempts to conduct post-accident tests. The employer should maintain on file that explains why the post-accident test was not performed.