Post-Accident Drug Testing

Stay Compliant with FMCSA & DOT Regulations at Sky Drug Testing

Post-Accident Drug Testing Explained

Accidents can happen at any time, but when they involve commercial vehicles, compliance and safety are the top priorities. At Sky Drug Testing, we provide fast, reliable, and federally compliant post-accident drug testing services to help protect your company and drivers while following FMCSA guidelines and safety regulations.

Post-accident drug testing is conducted as soon as practicable after a CDL holder operating a CMV is involved in an accident on a public road. Depending on the type of accident, FMCSA and DOT regulations may require that drivers undergo testing to determine if substance use played a role in the incident and to uphold safety standards within the transportation industry.

When Post-Accident Testing is Required

Testing is required if an accident results in any of the following:

  • Fatality: Any accident that involves a loss of life.
  • Injury: A person receives immediate medical treatment away from the scene and the CMV driver receives a citation related to the accident.
  • Vehicle Damage: If any vehicle requires towing and the CMV driver receives a citation for a moving violation.

If none of the above conditions are met (e.g., injury/tow-away without a citation to the CMV driver), DOT post-accident testing is not required.

Important: Refusal to test is a violation under DOT rules, and will require the removal from safety-sensitive duties. This may lead to a potential downgrade of a driver's CDL. This violation must be reported to the FMCSA Drug & Alcohol Clearinghouse.

Timing of Tests

Alcohol testing:

  • Must be completed within 2 hours of the accident, typically using a breathalyzer.
  • If not completed within an 8-hour timeframe, a written explanation is required.

Drug testing:

  • Must be conducted within 32 hours of the accident, typically through urine analysis.
  • Tests screen for 5 panels (marijuana, cocaine, opioids, amphetamines, and PCP.)
  • Delays beyond 32 hours must be documented and justified.

Driver Obligations After an Accident

The driver must remain readily available for testing (without delaying necessary medical care) and must not consume alcohol for 8 hours following the accident or until the alcohol test is completed – whichever occurs first.

Why Post-Accident Testing Matters

Safety & Risk Management

  • Testing after an accident helps to determine whether drugs or alcohol were contributing factors and prevents unsafe drivers from returning to duty.

Regulatory Compliance

  • When your company meets FMCSA and DOT testing requirements, you can avoid costly fines and penalties.

Liability Protection

  • Proper documentation shields your business from litigation and strengthens your defense in legal matters.

Stronger Safety Culture

  • You demonstrate a commitment to accountability and workplace safety while helping to deter substance use among drivers.

Compliance You Can Trust

We align each step with DOT guidance so you stay compliant during audits and investigations. Our technology streamlines post-accident testing documentation while our experts guide you through complex cases and ensure proper testing procedures are followed according to FMCSA regulations.

Post-Accident Drug Testing

Quick Facts

  • Alcohol test within 2 hours
  • Drug test within 32 hours
  • FMCSA & DOT compliant
  • Audit-ready documentation

Learn more: why it matters and how to be compliant

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Frequently Asked Questions All FAQs

Post-accident testing is required if an accident results in a fatality, injury requiring medical treatment away from the scene (with driver citation), or vehicle damage requiring towing (with driver citation for moving violation).

Alcohol testing must be completed within 2 hours (with 8-hour maximum requiring written explanation). Drug testing must be conducted within 32 hours of the accident, with delays beyond this timeframe requiring documentation and justification.

Post-accident drug testing screens for the standard 5-panel substances: marijuana (THC), cocaine, opioids, amphetamines, and PCP. Alcohol testing is conducted separately, typically using a breathalyzer.

The driver must remain readily available for testing (without delaying necessary medical care) and must not consume alcohol for 8 hours following the accident or until the alcohol test is completed – whichever occurs first.

Refusal to test is a violation under DOT rules and requires immediate removal from safety-sensitive duties. This may lead to a potential downgrade of the driver's CDL and must be reported to the FMCSA Drug & Alcohol Clearinghouse.

Post-accident tests must be conducted at DOT-certified collection sites by trained collectors. The site must be capable of providing both drug and alcohol testing services within the required timeframes.

Employers must maintain records of all post-accident tests, including test results, timing documentation, and any delays with written explanations. These records must be retained for 5 years and be available for DOT audits and inspections.

If an accident doesn't result in fatality, injury with citation, or tow-away with citation, DOT post-accident testing is not required. However, employers may still choose to conduct testing under their own policies.

Positive test results or refusals from post-accident testing must be reported to the FMCSA Drug and Alcohol Clearinghouse. This affects the driver's employability and CDL status until they complete the return-to-duty process.

A driver who fails post-accident testing must be immediately removed from safety-sensitive duties and cannot return until completing the return-to-duty process, including SAP evaluation and follow-up testing plan.

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