You don’t get to choose the timing of a crash—but you do control your response. In the minutes and hours after an incident, HR and Safety leaders are juggling employee care, scene management, and regulatory steps that carry real consequences.
The right playbook keeps people safe, protects your organization, and shows regulators and insurers you run a disciplined program. This guide gives you a calm, step-by-step plan—what triggers testing, how the clock works, what to document, and how to tighten your policy for both CDL and non-CDL operations.
Since 2010, Pacific Driver Education has trained thousands of drivers and fleet managers across Oregon. Our approach is practical and people-first: clear rules, plain language, and repeatable routines supervisors can run under pressure.
Use this as your refresher and share it with your front-line leaders. If you need help implementing the steps, we can support policy, training, and post-incident coaching.
After a crash, time becomes unforgiving. Alcohol tests and drug tests have different clocks. Drivers may be injured or transported. Supervisors might be new to the process.
Meanwhile, auditors and insurers will later ask: Did you test the right people? On time? Did you document why if you couldn’t?
A sound protocol turns a chaotic scene into a clear sequence your team can follow.
If your driver was operating a commercial motor vehicle (CMV) on a public road in commerce, FMCSA’s post-accident rule applies.
Testing is required as soon as practicable in the scenarios below. Use this simple reading of §382.303 and confirm with your counsel or consortium:
For a one-page visual, pin a flowchart in your dispatch office and gloveboxes.
Start immediately and aim for collection within 2 hours. If you miss that mark, write a short note explaining why (e.g., medical treatment, no mobile collector available) and keep trying until 8 hours.
At 8 hours, stop alcohol attempts and document the reason you could not complete the test. Pro tip: preload your incident packet with a one-page “2-hour/8-hour statement” so supervisors can fill it out on the spot.
Begin as soon as practicable; keep working the problem until 32 hours after the crash.
If the 32-hour window closes, stop and file a brief memo stating why testing wasn’t feasible (facility diversion, medical hold, officer release, etc.).
Coordinate early with your collection partner or a hospital lab to avoid last-minute scrambling.
Never delay emergency care to collect a specimen. When available and compliant, law-enforcement test results can satisfy the requirement—attach those results and note the chain of custody in your file.
Build this into your script so supervisors know to ask for copies before the driver is released.
The driver must remain readily available for testing unless they are receiving medical treatment.
Coach supervisors to (1) keep eyes on the driver’s location, (2) coordinate with EMS/hospital staff for collection, and (3) document every handoff (scene → ambulance → ER → discharge).
A driver who leaves without authorization or declines to cooperate can be treated as a refusal, which is handled like a violation under your program.
Common refusal scenarios include leaving the site, failing to appear at the clinic, or obstructing the process—train against each with simple, written instructions.
Keep communications calm, factual, and time-stamped.
Auditors and insurers grade your paper trail, not your intentions. After every crash, capture the essentials in one packet:
Make this a standard form in your incident packet and require supervisors to complete it before clocking off. Close the file with a quick post-incident review (what worked, what to fix) so your process gets sharper every time.
DOT’s §382.303 applies to CDL drivers operating CMVs. For non-CDL roles, you won’t find a federal post-accident test mandate—but you still carry safety, HR, and insurance risk.
Your policy can require post-incident testing when it’s tied to an investigation and not retaliatory for reporting injuries.
OSHA clarified in 2018 that most post-incident testing is permissible when used to find root cause and promote safety (not to punish reporting). Align your non-DOT policy with that guidance.
For an additional federal perspective on drug-free workplace policies in non-DOT settings, see SAMHSA’s employer resources.
Civil penalties are adjusted annually and can add up quickly across violations, days, and drivers.
Beyond fines, timing misses and poor documentation hurt your insurability, can damage CSA posture (when other violations exist), and undermine your brand with customers.
Check the current penalty schedule and keep your policy current with annual reviews.
For non-CDL crashes, your policy should:
Coordinate with the facility or a mobile collector; do not delay care. Document attempts and times.
If the hospital declines collection, note the reason, the staff contact, and your next planned attempt.
Yes—if you obtain the results and the test meets applicable requirements. Keep them in the file.
Record how and when you received the results and confirm they cover the required substance and method.
Stop attempts and write a memo explaining why testing was not “as soon as practicable.” Keep it with the incident file.
Add what you did to pursue collection (calls, sites contacted) so auditors see diligent effort.
Avoid blanket rules. Tie testing to investigation needs and apply your policy consistently with OSHA’s guidance.
Document the trigger criteria you used so the decision appears fair, safety-driven, and non-retaliatory.
Run a 30-minute supervisor micro-training with three realistic scenarios (fatality; citation + tow-away; medical-only with no citation) and a timing drill that rehearses 2/8/32 decisions.
Include a quick quiz and a one-page “what to say/what to document” script to boost confidence.
Issue wallet-size driver instruction cards required under §382.303(f) with plain-English steps: medical first, call dispatch, remain available, testing site info, keep receipts, note times.
Laminate, translate as needed, and put a duplicate in the glovebox packet.
Quarterly tabletop with Dispatch, Safety, and HR—practice the call tree, assign a collector, and complete the documentation form as a group.
Time the exercise and debrief what slowed you down (clinic hours, transport delays, unclear roles) so you can fix it before the real thing.
Track a short set of metrics: % correct trigger call, on-time alcohol/drug, documentation completeness, and use of LE results when available.
Share the dashboard monthly; call out wins and target a single improvement each quarter to keep momentum.
Keep a current list of clinics/mobile collectors with hours, after-hours procedures, and backup sites.
Test your after-hours number twice a year so you know it actually rings through when you need it.
Stock each supervisor vehicle with a “post-accident go-bag”: chain-of-custody forms, incident packet, 2-hour/8-hour/32-hour memo templates, driver card spares, and a step-by-step checklist.
Refill after every event or drill.
Within the first week, have new leaders shadow a mock, make one collector call, and complete a sample packet.
Sign off only after they can explain the trigger table and timing windows without notes.
Within 72 hours of any real incident, meet for 10 minutes: what triggered testing, times logged, what went well, what to adjust (vendor contacts, card wording, training). Update your SOP and retrain quickly if you spot a pattern.
You’ve got the essentials: what triggers testing, how to run the 2/8/32 timing windows without panic, how to keep the driver available, and the documentation auditors care about—plus a lawful approach for non-CDL incidents and a simple plan to train supervisors so this works on an ordinary Tuesday.
The value is fewer mistakes under stress, cleaner audits, stronger insurer conversations, and a calmer safety culture.
Here are your next steps:
If you’d like help tuning policy, training your team, or running a tabletop, our Oregon-based instructors can stand up a practical program fast.
Prefer a hands-on partner? We can customize post-accident SOPs, create driver instruction cards and checklists with your logo, and train supervisors on calm, compliant communication and documentation—so your response is consistent no matter who’s on duty.