Do the circumstances warrant DOT post-accident tests?
Suppose your CDL driver calls in saying there's been an accident. Everyone's adrenaline is running, and you may have to pry the details out of him or her to determine if DOT post-accident drug and alcohol testing is required. The following checklist will aid in deciding your course of action:
-
Did the accident occur in a vehicle that requires a CDL?
- If yes, proceed to question 2.
- If no, you cannot test under ยง382.303, regardless of the licensing of the driver. The driver is not subject to Part 382 in this instance. Stop here.
- Was there a fatality as a result of the accident within 8 hours of the accident?
- If yes, send the driver for both a drug and alcohol test. Stop here.
- If no, proceed to question 3.
- Was there a fatality as a result of the accident occurring beyond 8 hours following the accident, but within 32 hours?
- If yes, send the driver for just drug testing, and document that alcohol testing could not be performed because it was past the allowable time frame for testing. Stop here.
- If no, proceed to question 4. You cannot test if the fatality occurs beyond 32 hours after the accident. Testing would be based on other variables if they exist.
- Was there an injury as a result of the accident that required treatment away from the scene?
- If yes, proceed to question 6.
- If no, continue with question 5.
- Was there disabling damage to one of the vehicles involved in the accident that required towing?
- If yes, proceed to question 6.
- If no, stop here (i.e., no damage, no injury, no fatality). It does not qualify for testing.
- Was your driver cited, plus does one of the situations listed in questions 4 and/or 5 exist?
- If yes, proceed to question 7.
- If no, the incident does not qualify for DOT testing.
- Was the driver cited at the scene or within 8 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?
- If yes, send the driver the driver for both a drug and alcohol test.
- If no, proceed to question 8.
- Was your driver cited later than 8 hours but within 32 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?
- If yes, just test the driver for drugs and document that alcohol testing could not be performed since it was past the allowable time frame for testing.
- If no, proceed to question 9.
- Was the driver cited beyond 32 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?
- If yes, you cannot conduct either test type. Document that it was beyond allowable time frame for testing. Stop here.
As you can see from this checklist, all the variables must be met in order to test under DOT rules. You cannot test "just in case" circumstances change. This is a misrepresentation of the test and a violation.
If you conduct testing in "all post-accident circumstances" as a matter of company policy, it must be done using a non-DOT form and represented as a non-DOT test to the driver. The collector must also be aware that it is not a regulated test. The drug test results must be linked to a separate non-DOT lab account for reporting purposes. The results of these non-DOT tests hold no DOT consequences. In addition, if circumstances change and a DOT post-accident test is required, these non-DOT tests cannot be substituted to satisfy the DOT requirements. The driver must be sent again for another round of tests.
Click here to view the short film, produced in Wales, UK, that has circulated over the internet the past couple months. The film shows the devastating consequences of Driving While Texting (DWT) and has helped to ignite the overwhelming interest in creating a ban for the practice.
Chief Inspector John Pavett from Gwent Police Roads Policing Unit hopes the serious message in this film will hit home to viewers: "Seeing a scenario, like [this] one, played out right before your eyes makes you realize how extremely dangerous it can be and what devastating consequences it can have. I hope that after watching this film motorists will think twice before picking up their mobile phone when behind the wheel and realize that a quick reply to a text message or answering a phone call is never worth putting theirs and other people's lives at risk."
1. Monday Morning Reports - the alleged injury occurs first thing on Monday morning or late on Friday afternoon but is not reported until Monday.
2. Employment Change - the reported accident occurred immediately before or after a strike, job termination, layoff, end of a big project, or at the conclusion of seasonal work.
3. Suspicious Providers - an employee's medical provider or legal consultants have a history of handling suspicious claims, or the same doctors and lawyers are used by groups of claimants.
4. No Witness - there are no witnesses to the accident, and the employee's own description does not logically support the cause of the injury.
5. Conflicting Descriptions - the employee's description of the accident conflicts with the medical history of First Report of Injury.
6. History of Claims - the claimant has a history of a number of suspicious or litigated claims.
7. Treatment is Refused - the claimant refuses a diagnostic procedure to confirm the nature or extent of an injury.
8. Late Reporting - the employee delays reporting the claim without a reasonable explanation.
9. Claimant is Hard to Reach - the allegedly disabled claimant is hard to reach at home.
10. Changes - the claimant has a history of frequently changing physicians, changing addresses, and has numerous past employment changes.
Experience shows that when two or more of these factors are present in a workers' compensation claim, there is a chance the claim may be fraudulent. Remember, though: these are simply indicators. Many perfectly legitimate claims are filed on Mondays - and some accidents have no witnesses.
This is the time of year when most safety directors focus on the hazards of winter driving. Although winter driving safety must be addressed with drivers for the next couple months, winter weather ushers in hazards that extend beyond the roadway. Many companies experience a spike in workers' compensation claims during the winter months as a direct result of winter hazards that are completely unrelated to driving a truck. Slips and falls happen to represent the most prevalent cause of truck driver injuries. Below is a brief overview of several behavioral, physical, and environmental aspects to preventing slips and falls:
From a behavioral standpoint, employees should:
- Use the three-point contact climbing method. Keep three limbs (one hand and two feet, or two hands and one foot) in contact with the handholds or the steps. If a hand or foot slips, two other limbs will be in contact with the vehicle to catch the driver. Also, training in this method is required by U.S. Federal Motor Carrier regulations.
- Always face the equipment. Drivers may be tempted to exit the cab facing forward, which makes the three-point climbing method awkward. Facing the truck increases the driver's control.
- Avoid jumping. Some of the most frequent and serious injuries are the result of jumping from the cab, deck plate or steps.
- Keep hands free. Drivers should avoid carrying items while entering or exiting the cab so their hands are free to use the grab rails.
- Get a grip. The hookup area behind the cab is the scene of many slips and falls. Drivers should place their feet solidly on the surface of the catwalk and use a secure handhold, leaving one hand free to do the work.
From a physical perspective, the following will help prevent injuries:
- Select or retrofit equipment. Newer trucks are incorporating better steps and ladders with non-slip surfaces that drain without retaining mud, ice and snow. Square edges and perforated surfaces on the steps reduce the chance of slips while entering or exiting the cab, especially during poor weather.
- Keep equipment in good condition. Pre- and post-trip inspections should include steps, deck plates and grab rails. Repairs should be done immediately. Preventive maintenance for scheduled services should also include safety equipment inspection.
- Select proper footwear. Drivers should be required to wear sturdy footwear with slip-resistant soles.
- Clean the deck plate/catwalk area. When drivers need to connect, unhook or check brake and electrical connections, the work should be done from the ground, if possible. If not, the area should be equipped with as many footholds and grab rails as possible. Deck plates commonly become slippery from fuel and moisture, so it's critical that proper material be used.
Finally, environmental aspects can influence trucker safety:
- Adverse conditions. Snow, ice, rain, mud, grease and even morning dew can increase slip-and-fall potential. Drivers should be instructed to clean handholds, steps and truck platforms before entering the cab. When exiting, they should use extra caution. Also, drivers should not install carpet on the steps to keep the inside of the tractor clean. Carpet can freeze in cold, icy conditions and be very slippery during wet weather.
- Housekeeping. Although most truckers aren't going to win awards from Martha Stewart, a clean cab is essential for safety. Drivers must use trash bags to keep the floor clean. Loose wires from CB radios, cellular phones and other equipment can catch the driver's heel upon exit; drivers should keep these hazards off the floor.