Current through Register Vol. 48, No. 9, September 27, 2024
(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)(l), (a)(2),
(b)(l), and (b)(2);
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TABLE FOR REGULATION 38-382.303(A) AND
(B)
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Type of accident involved
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Citation issued to the CMV driver
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Test must be performed by employer
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(i) Human Fatality
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Yes
No
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Yes
Yes
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(ii) Bodily injury with immediate medical
treatment away from the scene
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Yes
No
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Yes
No
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(iii) Disabling damage to any motor vehicle
requiring tow away
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Yes
No
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Yes
No
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(d)
(1)
Alcohol tests. If a required test 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
required test 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 required test 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 38-382 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 38-382.
(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, 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, 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. 38-382 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 the National Highway Traffic Safety
Administration's Standard Section 571.3) 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 Section 177.823 of the Federal Motor Carrier Safety
Administration's hazardous materials regulations.
