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  • § 382.101
    Purpose.
  • § 382.103
    Applicability.
  • § 382.105
    Testing procedures.
  • § 382.107
    Definitions.
  • § 382.109
    Preemption of State and local laws.
  • § 382.111
    Other requirements imposed by employers.
  • § 382.113
    Requirement for notice.
  • § 382.115
    Starting date for testing programs.
  • § 382.117
    Public interest exclusion.
  • § 382.119
    Stand-down waiver provision.
  • § 382.121
    Employee admission of alcohol and controlled substances use.
  • § 382.201
    Alcohol concentration.
  • § 382.205
    On-duty use.
  • § 382.207
    Pre-duty use.
  • § 382.209
    Use following an accident.
  • § 382.211
    Refusal to submit to a required alcohol or controlled substances test.
  • § 382.213
    Controlled substance use.
  • § 382.215
    Controlled substances testing.
  • § 382.301
    Pre-employment testing.
  • § 382.303
    Post-accident testing.
  • § 382.305
    Random testing.
  • § 382.307
    Reasonable suspicion testing.
  • § 382.309
    Return-to-duty testing.
  • § 382.311
    Follow-up testing.
  • § 382.401
    Retention of records.
  • § 382.403
    Reporting of results in a management information system.
  • § 382.405
    Access to facilities and records.
  • § 382.407
    Medical review officer notifications to the employer.
  • § 382.409
    Medical review officer record retention for controlled substances.
  • § 382.411
    Employer notifications.
  • § 382.413
    Inquiries for alcohol and controlled substances information from previous employers.
  • § 382.501
    Removal from safety-sensitive function.
  • § 382.503
    Required evaluation and testing.
  • § 382.505
    Other alcohol-related conduct.
  • § 382.507
    Penalties.
  • § 382.601
    Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.
  • § 382.603
    Training for supervisors.
  • § 382.605
    Referral, evaluation, and treatment.

Part 382
CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

§ 382.303: Post-accident testing.

(a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers:

(1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or

(2) Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:

(i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

(ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

(b) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for controlled substances for each of its surviving drivers:

(1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or

(2) Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:

(i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

(ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

(c) The following table notes when a post-accident test is required to be conducted by paragraphs (a)(1), (a)(2), (b)(1), and (b)(2) of this section:

Table for § 382.303(a) and (b)
Type of accident involved Citation issued to the CMV driver Test must be performed by employer
i. Human fatality YES
  • NO
  • YES
  • YES
  • ii. Bodily injury with immediate medical treatment away from the scene YES
  • NO
  • YES
  • NO
  • iii. Disabling damage to any motor vehicle requiring tow away YES
  • NO
  • YES
  • NO
  • (d)(1) Alcohol tests. If a test required by this section is not administered within two hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within eight hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FMCSA upon request.

    (2) Controlled substance tests. If a test required by this section is not administered within 32 hours following the accident, 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. Records shall be submitted to the FMCSA upon request.

    (e) A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.

    (f) An employer shall provide drivers with necessary post-accident information, procedures and instructions, prior to the driver operating a commercial motor vehicle, so that drivers will be able to comply with the requirements of this section.

    (g)(1) The results of a breath or blood test for the use of alcohol, conducted by Federal, State, or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to the applicable Federal, State or local alcohol testing requirements, and that the results of the tests are obtained by the employer.

    (2) The results of a urine test for the use of controlled substances, conducted by Federal, State, or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to the applicable Federal, State or local controlled substances testing requirements, and that the results of the tests are obtained by the employer.

    (h) Exception. This section does not apply to:

    (1) An occurrence involving only boarding or alighting from a stationary motor vehicle; or

    (2) An occurrence involving only the loading or unloading of cargo; or

    (3) An occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle (as defined in § 571.3 of this title) by an employer unless the motor vehicle is transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with § 177.823 of this title.


    Disclaimer:

    Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.

    The CFR may also be viewed online at http://ECFR.gpoaccess.gov.


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