When a commercial motor vehicle (CMV) is involved in an accident, specific reporting and record-keeping steps are required by the U.S. Department of Transportation (DOT) to ensure compliance and assist with safety investigations. Here’s a straightforward guide for employers.
Definition of an Accident
Under Title 49 CFR, an accident involving a CMV includes:
• A fatality.
• An injury requiring immediate medical treatment away from the scene.
• A vehicle is incurring disabling damage that requires towing.
Accidents do not include incidents solely related to boarding, exiting, or loading/unloading cargo for FMCSA.
Maintaining an Accident Register
Employers must keep an Accident Register for three years following an accident. This register should contain:
• Date and location of the accident (city, state).
• Driver’s information: name and contact details.
• Injury and fatality count.
• Hazardous materials involved, if any (excluding fuel spills from tanks).
• Vehicle condition and witness contact information.
This register provides crucial information for federal and insurance investigations.
Mandatory Accident Information
Accident reports must include:
• Driver and vehicle details.
• Exact location and date.
• Severity of injuries and fatalities.
• Hazardous materials released, if applicable.
§ 382.303 Post-Accident Alcohol and Drug Testing
DOT mandates that employers conduct post-accident testing for alcohol and drugs when:
• There’s a fatality.
• A driver is cited for an accident involving injuries requiring off-site medical care.
• A vehicle is disabled and requires towing.
Timing for Testing:
• Alcohol testing: within two hours or up to eight hours if delayed.
• Drug testing: within 32 hours. Employers must document reasons if tests are delayed beyond these periods.
Driver Disqualification:
Drivers can be disqualified from operating a CMV for various offenses, including:
• Driving under the influence of alcohol or drugs
• Refusing a drug or alcohol test
• Leaving the scene of an accident
• Serious traffic violations
Employer’s Role
Employers must provide drivers with post-accident testing procedures and ensure compliance, especially in remote operations. Keeping thorough records and responding swiftly to accidents are essential to meet DOT regulations.
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