Drug and alcohol testing falls into two general categories: DOT drug/alcohol testing and non-DOT drug/alcohol testing. Each DOT agency rule defines what an “accident” is for the purposes of when DOT drug/alcohol testing is required. If the accident does not meet the DOT criteria, any post-accident testing that an employer does must be non-DOT testing and must use a non-DOT testing form.
For FMCSA, the definition of an accident is:
1) A fatality, or
2) Non-fatal accident for which the CMV driver receives a citation for a moving violation, and
- There is personal injury requiring treatment away from the scene, or
- There is disabling damage to any vehicle requiring towing from the scene.
If the accident does not meet any of these criteria then drug/alcohol testing after the accident must be non-DOT.
Drug and alcohol testing do not take precedent over treating for injuries. But, post-accident tests done by police can be used in lieu of employer conducted tests.