§ 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 andfor controlledeach substancesof eachits surviving driverdrivers:
(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.
(3b) ThisAs tablesoon notesas whenpracticable afollowing post-accidentan testoccurrence isinvolving requireda tocommercial bemotor conductedvehicle byoperating paragraphson (a)(1) andpublic (a)(2)road ofin thiscommerce, section.
Tableeach foremployer §shall 382.303(a)(3)
Typetest offor accidentcontrolled involved
Citationsubstances issuedfor toeach theof CMVits driver Testsurviving mustdrivers:
(1) beWho performedwas byperforming employer
Humansafety-sensitive fatality YES YES.
NO YES.
Bodilyfunctions injury with immediaterespect medicalto treatmentthe awayvehicle, fromif the scene YES YES.
NO NO.
Disablingaccident damageinvolved tothe anyloss motorof vehiclehuman requiringlife; tow away YES YES.or
NO NO.
(b2)(1) AlcoholWho tests.receives If a testcitation required by this section is not administered within thirty-two hours followingof the accident,occurrence theunder employerState shallor preparelocal andlaw maintainfor on file a recordmoving statingtraffic theviolation reasonsarising thefrom test was not promptly administered. If a test required by this section is not administered within eight hours following the accident, if the employeraccident shallinvolved:
(i) ceaseBodily attemptsinjury to administerany anperson alcoholwho, testas anda shallresult prepareof and maintain the sameinjury, record.immediately Recordsreceives shallmedical betreatment submittedaway tofrom the FHWAscene upon request of the Associateaccident; Administrator.or
(2ii) ForOne theor yearsmore statedmotor invehicles thisincurring paragraph,disabling employersdamage whoas submita MISresult reportsof shallthe submitaccident, torequiring the FHWAmotor eachvehicle recordto ofbe atransported testaway requiredfrom bythe thisscene sectionby thata istow nottruck completedor withinother eightmotor hoursvehicle.
(c) The employer'sfollowing recordstable ofnotes testswhen thata arepost-accident nottest completedis withinrequired eightto hours shall be submittedconducted to the FHWA by Marchparagraphs 15(a)(1), 1996; March 15(a)(2), 1997(b)(1), and March(b)(2) 15,of 1998,this forsection:
Type calendarof yearsaccident 1995,involved Citation 1996,issued andto 1997,the respectively.CMV Employersdriver Test shallmust appendbe theseperformed recordsby toemployer
i. theirHuman MIS submissionsfatality YESNO YESYES
ii. EachBodily recordinjury shallwith includeimmediate themedical followingtreatment information:
(i)away Typefrom ofthe testscene YESNO YESNO
iii. (reasonableDisabling suspicion/post-accident);
(ii)damage Triggeringto eventany (includingmotor date,vehicle time,requiring andtow location);away YESNO YESNO
(iiid) Reason(s1) testAlcohol couldtests. notIf bea completedtest withinrequired eightby hours;
(iv)this Ifsection bloodis alcoholnot testingadministered couldwithin havetwo beenhours completedfollowing withinthe eight hoursaccident, the name,employer address,shall prepare and telephonemaintain numberon offile a record stating the testingreasons sitethe wheretest bloodwas testingnot couldpromptly haveadministered. occurred;If and
(3)a Recordstest ofrequired alcoholby teststhis thatsection couldis not beadministered completedwithin in eight hours shallfollowing be submitted to the FHWAaccident, at the followingemployer address:shall Attn:cease Alcoholattempts Testingto Program,administer Officean ofalcohol Motortest Carrierand Researchshall prepare and Standardsmaintain (HCS-1),the Federalsame Highwayrecord. Administration,Records 400shall Seventhbe Street,submitted SW.,to Washington,the DCFMCSA 20590upon request.
(42) 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 FHWAFMCSA upon request of the Associate Administrator.
(ce) 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.
(df) 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.
(eg)(1) The results of a breath or blood test for the use of alcohol, conducted by Federal, State, or local law enforcement or public safety 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 law enforcement or public safety 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.
(fh) 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 themotorthe motor vehicle istransportingis 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.
[66 FR 43103, Aug. 17, 2001, as amended at 87 FR 59035, Sept. 29, 2022]