Alcohol and Controlled Substances Testing Policy

Revised: January 1, 1998

Appendix E - Post-Accident Instructions and Requirements

Requirements

    1. As soon as practicable following an accident involving a commercial vehicle, each surviving driver must be tested for alcohol and controlled substances when:

      1. The driver was performing safety-sensitive functions with respect to the vehicle involved in the accident and the accident involved the loss of human life; or

      2. The driver receives a citation under state or local law for a moving traffic violation arising from the accident; and

        1. A person is injured and, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

        2. One or more vehicles received disabling damage as a result of the accident, requiring the vehicle(s) to be towed from the scene of the accident; or

      3. The supervisor determines that the use of alcohol or controlled substances may have contributed to the accident and requests the driver to undergo testing based on "reasonable suspicion." (Ref: 49 CFR '382.303 and '390.5)
    2. 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 the driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary medical care.
    3. Testing for both alcohol and controlled substances will be required.
      1. The driver will be required to provide a breath specimen to be tested for the presence of alcohol within 2 hours if possible but no later than 8 hours after the accident.
      2. The driver will be required to provide a urine specimen to be tested for the use of controlled substances as soon as possible, but not later than 32 hours after the accident.

     

Procedures Following A Reportable Accident.

    1. As soon as practicable following a reportable accident, the driver should contact his or her immediate supervisor for instructions. If the driver is unable to contact the immediate supervisor, the driver should contact the area supervisor for his/her area.

    2. The driver will be scheduled for testing as soon as possible following the accident. If the accident occurs in the vicinity of Green Bay testing will be done at one of the following testing sites:

      Prevea Clinic Department of Occupational Medicine
      1551 Dousman St.
      Green Bay, WI 54303

      St. Vincent's Hospital
      835 S. VanBuren St.
      Green Bay, WI 54301

      St. Mary's Hospital
      1726 Shawano Ave.
      Green Bay, WI 54303

    3. If the accident occurs outside the Green Bay vicinity, the driver may be referred to the closest available medical facility with appropriate testing equipment.

    4. The results of a breath or blood test for the use of alcohol or a urine test for the use of controlled substances, conducted by Federal, State, or local officials having independent authority for the test, will be considered to meet these requirements, provided the tests conform to applicable Federal, State or local requirements, and that the results of the tests are obtained by the University of Wisconsin-Green Bay.

Special Notice:

    1. No driver required to take a post-accident alcohol test may use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.

    2. The Federal Highway Administration (FHWA) will disqualify drivers for one year, under the procedures outlined in 49 CFR 386, if a driver refuses to submit to post-accident tests after a fatal accident.