Was the Truck Driver Tested for Drugs After Your Crash?

If a truck crash hurt you or someone you love, you may be asking whether the driver was tested for drugs. Do truck drivers get drug tested? Yes. Commercial drivers with a commercial driver’s license (CDL) who operate in commerce are generally covered by federal drug testing rules, but those rules do not apply to certain employers and drivers, including those subject only to Federal Transit Administration testing rules, active-duty military personnel, certain farm, firefighter, and emergency operators, and operators of covered farm vehicles.

Those rules set when a test must happen and what follows a positive or refused test. This page is for readers who were hurt in a truck crash, or who are helping someone who was. Each step is explained in plain terms, with the federal text behind it.

Short answer: yes, CDL truck drivers are drug tested under federal rules

Yes. The federal rules in 49 CFR Part 382 require drug tests for covered CDL drivers. The rules apply across the country, because they cover drivers in any state. Under 49 C.F.R. § 382.301, prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for controlled substances, unless the employer uses the exception in paragraph (b) of this section. Employers must make sure their tests follow the procedures in 49 CFR Part 40 (testing procedures rule). This page explains that federal baseline.

What type of drug test do trucking companies use?

The post-accident testing rule refers to urine tests for the use of controlled substances. Before a driver performs safety-sensitive work, an employer must receive a verified negative result from a Medical Review Officer (MRO) or a C/TPA, a third-party testing administrator, unless the employer uses the exception in paragraph (b) of the rule (pre-employment testing rule). A result must be verified before an employer relies on it. The lab and review steps are part of that process, not an afterthought.

When are CDL drivers tested?

CDL drivers are tested before a safety-sensitive job, at random, on reasonable suspicion, after certain crashes, and during return-to-duty and follow-up steps. Each category has its own timing and trigger. Under 49 C.F.R. § 382.301, an employer generally must have a negative drug test result, once verified, before a newly hired driver performs safety-sensitive functions. Under 49 C.F.R. § 382.301, an employer is not required to administer the pre-employment controlled substances test if the driver has participated in a controlled substances testing program that meets the requirements of this part within the previous 30 days and, while participating in that program, either was tested for controlled substances within the past 6 months (from the date of application with the employer) or took part in the random controlled substances testing program for the previous 12 months (from the date of application with the employer), and the employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of this part or of another DOT agency’s controlled substances use rule within the previous six months. Reasonable suspicion testing happens when a trained supervisor sees specific, contemporaneous, articulable signs of drug use, such as appearance, behavior, speech, or body odors (reasonable suspicion rule). For alcohol, reasonable suspicion testing is authorized only if the observations are made during, just preceding, or just after the period of the work day that the driver is required to be in compliance with this part. The supervisor must write down those observations and sign them within 24 hours, or before results are released, whichever is earlier. Return-to-duty and follow-up testing come after a violation and are covered below.

How often do CDL drivers get drug tested?

There is no set schedule for any single driver, because random testing draws from a pool. Every driver must submit to random alcohol and controlled-substances testing (random testing rule). FMCSA sets the minimum annual random rate based on the reported industry rate, and that rate can change from year to year. Employers must spread random test dates reasonably through the calendar year. A selected driver must go to the test site immediately; if the driver is performing a safety-sensitive function other than driving a commercial motor vehicle at the time of notification, the driver must cease that function and proceed to the test site as soon as possible. That means a driver’s test count in any year is not set in advance. Employers track these selections as part of their testing program, so the draw, not the calendar, decides who is picked.

Are drivers tested after a crash, and how soon?

Yes, when the crash meets the federal triggers, and the timing depends on which test. The post-accident testing rule applies to an occurrence involving a commercial motor vehicle operating on a public road in commerce. Under 49 C.F.R. § 382.303, as soon as practicable after an occurrence involving a commercial motor vehicle operating on a public road in commerce, the employer must test each surviving driver for alcohol if the driver receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, and the accident involved bodily injury to a person who immediately receives medical treatment away from the scene, or one or more motor vehicles incurring disabling damage requiring tow away; and the employer must test that driver for controlled substances if the citation is received within thirty-two hours of the occurrence under the same conditions. The section also covers accidents involving the loss of human life, where the employer must test each surviving driver who was performing safety-sensitive functions with respect to the vehicle. Alcohol testing must happen as soon as practicable. Those windows run from the time of the accident, not from when a claim is filed. If the alcohol test is not done within two hours, the employer must keep a record of the reasons. If it is not done within eight hours, the employer must stop trying. Drug testing has a 32-hour limit. If that test is not given within 32 hours, the employer must stop trying and keep a record of the reasons. Those records must be submitted to FMCSA on request. The rule also says nothing in it requires a delay of necessary medical care for injured people after an accident.

What happens after a positive or refused test?

A driver who tests positive or refuses a required test cannot keep doing safety-sensitive work until the federal steps are complete. A driver who tests positive for controlled substances may not report for duty, remain on duty, or perform safety-sensitive functions (controlled substances testing rule). An employer that knows of the result may not let the driver keep performing those functions. Refusals are covered by the Clearinghouse rule. Before returning, the driver must complete the Substance Abuse Professional (SAP) evaluation, referral and treatment process. The driver must also achieve a negative return-to-duty test and follow the SAP’s follow-up testing plan. Return-to-duty testing must be performed in accordance with 49 CFR Part 40, subpart O (return-to-duty testing rule). Under 49 C.F.R. § 382.701, employers must not employ a driver subject to controlled substances and alcohol testing to perform a safety-sensitive function without first conducting a pre-employment query of the Drug and Alcohol Clearinghouse, and must conduct a query of the Clearinghouse at least once per year for information about all employees subject to controlled substance and alcohol testing. A driver with an open prohibition in the Clearinghouse may not perform safety-sensitive work.

Talk with El Gringo Law about a truck crash in New Mexico

If a truck crash has left you hurt, or someone you love is hurt, testing records are only one piece of a hard situation. Many readers are trying to understand the first hours after a crash while they also deal with medical care and paperwork. Read more in our trucking accident claims in New Mexico guide and our page on leading causes of truck crashes in New Mexico.

Common questions