Post-Accident Drug And Alcohol Testing
Are You Prepared?
Accidents in the workplace are inevitable, especially around heavy machinery, hazardous material, construction sites and positions within the public transportation sector. Companies that operate within these industries take safety to the extreme, by incorporating staff and supervisor safety training, equipment testing and additional safety checks to minimize accidents. Qualifying and monitoring your workforce through proper assessment such as physical exams, pre-employment substance testing, and random drug testing will create a safer workplace and reduce accidents, but not all factors can be controlled. Employers need to be prepared for the inevitable no matter the day, time or even place to react properly.
Under Standards–29 CFR, Part 1904, Occupational Safety and Health Administration (OSHA) requires employers of a certain size to record work-related accidents and injuries if any of the following are a result of the accident: death; days away from work; restricted work or transfer to another job; medical treatment beyond first aid; or loss of consciousness. Along with this regulation, many employers have incorporated a post-accident/for cause testing policy within federal and state guidelines. Most states authorize employers to conduct drug and alcohol tests immediately after an accident occurs, especially if there are reasonable grounds to suspect that an employee involved was impaired.
Every employer needs to establish company policy regarding what triggers a drug and alcohol test after an accident, along with standard protocols; processes; availability of trained personal to follow these policies and guidelines; test administration after regular business hours; and test access from off-site or remote locations. In addition, many states require that post-accident drug and alcohol testing comply with state Workers’ Compensation Rate Reduction Programs. By incorporating post-accident testing within one of these state programs, employers follow state required guidelines to reduce claims and exposure to workers’ compensation and unemployment claims from individuals that test positive and ultimately play a role in causing the accident. EBI suggests you consult your individual state’s regulations and seek corporate counsel for further details in your industry and state.
The Department of Transportation (DOT) is very specific on the protocol for administering post-accident drug and alcohol testing for commercial drivers. Under the guidelines of the Federal Motor Carrier Safety Administration (FMCSA), post-accident testing is required if there is a fatality involved; or the commercial driver is cited for a moving violation; a vehicle is towed from the scene; or if someone is medically evacuated from the scene of an accident. Supplying each commercial driver with a post-accident kit is the most effective way to achieve full compliance. As outlined in the DOT, 49 CFR, Part 219, the kit should include the DOT protocol of how the specimen is collected, processed and analyzed; a Chain of Custody Form; Employer information; and shipping, billing and contact information of a Third-Party-Administrator (TPA), if utilized. The protocols may vary depending on FMCSA, Federal Aviation Administration (FAA), Federal Railroad Administration (FRA), or Federal Transit Administration (FTA) guidelines, among others. In addition, protocols need to be established regarding where a post-accident collection can be performed within DOT guidelines, along with protocols for mobile collection if necessary. EBI specializes in assisting employers that fall under DOT guidelines with all the expertise and resources to setup and administer a federally compliant post-accident testing program.
EBI offers several methods of both non-DOT and DOT post-accident drug and breath alcohol testing (BATs) for employers. EBI provides instant urine and oral fluid testing that is easy to administer, along with providing fast and accurate results for easy analysis right on site. EBI can supply you with instant drug kits and all the supplies and forms that you need to administer onsite testing. If necessary, further analysis can be conducted at one of our many SAMHSA certified laboratories and EBI supplies all of the shipping materials and instructions for easy processing. EBI also offers expert, compliant Medical Review Officer (MRO) evaluation of all necessary tests.
If your firm doesn’t have the resources to administer post-accident testing alone, EBI can deploy one of our thousands of professionally trained mobile collectors to assist 24/7/365. Mobile collection is critical when the need for testing falls outside of standard business hours, at a remote location, or there is a need for DOT compliant testing. Mobile collection is also a must when testing needs to be performed within a certain time-frame for accurate results.
If your non-DOT or DOT post-accident policy calls for a lab-based urinalysis, EBI provides numerous options of over 15,000 clinic collection facilities. EBI’s Occupational Healthcare Specialists will assist in identifying the closest collection sites to your location, track hours of operation and services provided, along with providing you with the appropriate chain-of-custody forms to ensure accuracy, efficiency and compliance. EBI can even track specimens; provide results; provide one point of contact for customer service; and reconcile bills from multiple collection sites and laboratories. EBI’s proprietary software CNet-Link™ can establish and manage your entire collection network ahead of time, so when an accident occurs, you are setup and ready for appropriate testing.
Let EBI create, manage and monitor your entire post-accident, drug and alcohol program so you are always prepared.
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All information contained herein is provided by Employment Background Investigations solely for the convenience of its clients. EBI is not providing legal advice or counsel and nothing provided on this document should be deemed as legal guidance or advice. Readers should consult with their own legal counsel to determine their legal responsibilities or if they have questions on any information provided by EBI.