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The employer, not Med-Stop, decides whether a DOT post-accident test is required. For FMCSA-regulated drivers the rule is 49 CFR 382.303. Other DOT agencies have different criteria; check your agency's rule.
FMCSA criteria
After an accident involving a commercial motor vehicle on a public road, test each surviving driver when:
| The accident involved | Citation to the driver for a moving violation? | DOT test required? |
|---|---|---|
| A fatality | Yes or no | Yes |
| Bodily injury with immediate medical treatment away from the scene | Yes | Yes |
| Bodily injury with immediate medical treatment away from the scene | No | No |
| Disabling damage to a vehicle requiring tow-away | Yes | Yes |
| Disabling damage to a vehicle requiring tow-away | No | No |
The citation must be issued within 8 hours of the occurrence under state or local law for a moving traffic violation arising from the accident.
Time limits
- Test as soon as practicable.
- Alcohol: if not done within 2 hours, document why; stop trying after 8 hours and document why.
- Drugs: if not done within 32 hours, stop trying and document why.
Testing must never delay medical care for injured people.
In Med-Stop
- Record the accident with New Accident Record.
- If a test is required, create a test request right away. You can start it from the additional tasks shown when you finish the accident record, or from the Accidents list.
If DOT does not require a test, any test under your company policy must be a separate non-DOT test and must not use DOT forms (49 CFR 40.13 and 40.47). When in doubt, contact your DER or Med-Stop Support before the time limits pass.