Post-Accident Test

Definition

A post-accident test is the FMCSA-mandated controlled-substance and alcohol test required after a CMV accident meeting the §382.303 thresholds - a fatality, an injury requiring immediate medical treatment away from the scene, or a tow-away of any vehicle from the scene combined with a citation issued to the CMV driver. The alcohol test must be administered within 8 hours; the controlled-substance test within 32 hours. If the alcohol test is not given within 8 hours or the drug test within 32 hours, the employer stops trying and keeps a record of why (49 CFR §382.303(d)); a missed window is not a refusal. A driver who refuses, or who fails to remain readily available for testing (including leaving the scene without notice), has refused to test (§382.211, §382.303(e)), which is reported to the Clearinghouse.