What is post incident drug testing? This is the process of drug testing employees after an accident has occurred. Many transportation companies require their employees to take a post-incident drug test, especially if that employee was involved in an accident.
If you are a bus driver, do you get drug tested after an accident? Yes, bus drivers are often required to take a post-incident drug test. This is because it is important for transportation companies to ensure that their employees are not under the influence of drugs or alcohol while on the job. If a bus driver is found to be under the influence of drugs or alcohol, they may face disciplinary action, up to and including termination.
You are entitled to seek compensation for your injuries caused by a bus accident in Hallandale Beach. The compensation you receive can increase if the post-incident drug testing of the bus driver was found to be positive. Be sure to get a free consultation from the Law Offices of Jared Spingarn so you will be guided in filing your claim.
What is Post Incident Drug Testing?
Post-incident drug testing, also known as post-accident drug testing, is the process of undergoing drug and alcohol testing after a workplace incident. Usually, post-incident testing is conducted if workplace injuries occurred due to the incident. The process helps in promoting workplace safety.
Not all workplace incidents require post-incident drug testing. Often, workplace drug testing is conducted after an accident caused by human error that resulted in a workplace injury.
Most businesses have a blanket company policy in place that includes post-accident testing with reasonable suspicion. Some companies even have random drug testing policies in place. Transportation companies also implement their own drug testing programs to reduce the number of accidents that occur.
Employee Safety during Post-Accident Drug Testing
Companies are responsible for the safety of employees who undergo post-accident drug testing due to reasonable suspicion or after a workplace injury. When an accident occurs, medical treatment must be provided for the employees. After which, the company must provide transportation to an off-site testing facility or medical clinic. This will help keep the employee involved in the accident as well as other employees safe.
Discover more about Post-Accident Drug Testing for Employers. Click here to delve deeper.
Do bus drivers undergo post-accident drug testing?
Aside from company policies, post-accident testing can also be conducted to fulfill DOT requirements. This applies to bus drivers who are involved in a motor vehicle accident. It must be noted that post-accident testing in these cases must ensure the safety of the bus drivers first before they undergo reasonable suspicion testing.
Additionally, DOT regulations only require bus drivers to undergo drug and alcohol testing under these circumstances:
- Several persons were injured in the crash. Those injured needed to seek immediate medical treatment at a location away from where the accident occurred.
- The crash resulted in a fatality or wrongful death.
- Among the vehicles involved in the crash, at least one vehicle needed to be towed due to damages.
When should post-accident drug testing be done?
As mentioned, post-incident testing should be done under reasonable suspicion that drug or alcohol use was involved in the accident. Typically, drug and alcohol testing is conducted within 24 to 48 hours from the date of the accident. If the drug or alcohol testing was not conducted during this period, it may not be reliable.
The Federal Motor Carrier Safety Administration (FMCSA) requires drivers to be tested within a strict period. Alcohol tests must be done within eight hours after the accident, while drug tests should be conducted within 32 hours. The FMCSA regulations apply to drivers who were involved in an accident that fell under the DOT regulations for post-incident drug testing.
Additionally, it is important for the company to have a policy in place that requires employees to report any accidents that occur. Reporting workplace injuries in a timely manner will help ensure that post-incident drug testing is conducted as soon as possible.
Types of Post-Incident Drug or Alcohol Use Testing
Various drug tests should be used by an employer for a drug-testing program. These are oral fluid testing, urine tests, and hair follicular tests. Five types of illicit drugs are the most commonly used drugs in a post-accident test. These drugs include:
- Amphetamines- A group of synthetic drugs that have stimulant effects. Examples of amphetamines are methamphetamine and MDMA (ecstasy).
- Cocaine- A type of drug that comes from the coca plant. It is a white powder that is sniffed or injected.
- Opiates- These are natural and synthetic drugs that have morphine-like effects. Examples of opiates are heroin and codeine.
- Phencyclidine- A type of drug that has hallucinogenic effects. It is also known as PCP or angel dust.
- Tetrahydrocannabinol- The main active chemical in marijuana that gives the psychoactive effect. THC can be detected in the urine for up to 30 days.
Employers can also choose to test for alcohol use. The most common alcohol test used is a breathalyzer test.
What happens if an employee has to undergo post-incident drug testing?
If an employee is subjected to the testing process, it is important for the employer to have a policy in place that outlines the steps that will be taken. The policy should include the type of test that will be conducted, how long the employee will be off work, and what are the consequences if they test positive for drugs or alcohol.
It is also important for employers to provide employees with information on the post-incident drug testing process. This will help ensure that employees are aware of what to expect and can make the necessary arrangements.
What happens after a post-accident drug test?
A drug or alcohol test can help determine the causes of the reported injuries after a workplace accident. The test can also help identify if there was any negligence on the part of the employer.
If an employee tests positive for drugs or alcohol, it is important for the employer to take appropriate disciplinary action. This will help ensure that employees are aware of the consequences of drug and alcohol use in the workplace.
A positive test does not necessarily mean that you are not entitled to seek compensation. You may still be able to seek workers’ compensation benefits if your injuries were caused by the negligence of another party.
It is important to speak with an attorney to discuss your options if you have been injured in a workplace accident. An experienced attorney can help you understand the post-accident drug testing process and how it may impact your case.
If an employee tests negative for drugs or alcohol, it is important for the employer to provide support to the employee. This will help ensure that employees feel supported in the workplace and are less likely to be involved in future accidents.
Bus drivers, employees, and state workers may be required to undergo post-incident drug testing. But if the test result is negative, the employee may seek damages for economic damages such as lost compensation, as well as other non-economic damages.
If this is the case, it is important to seek a free consultation from Jared Spingarn. Jared is an experienced attorney who can help you seek compensation after a post-accident drug test.
Is post-accident drug testing legal?
According to the Occupational Safety and Health Administration (OSHA), post-accident drug testing is legal as long as it abides by company policies, DOT regulations, or any other federal law. It must always be conducted to promote workplace and employee safety. On the other hand, if employers conduct testing with the objective of punishing an employee, it can potentially become an illegal practice.
OSHA recommends post-accident drug testing after workplace accidents that occurred due to human errors. But if there is no reasonable suspicion to conduct post-accident drug testing, it is prohibited. The following are the guidelines for conducting post-incident drug testing, as provided by the OSHA:
- Drug testing that is unrelated to an accident or work-related injury, as long as there is a basis or valid suspicion to do so.
- Drug testing that abides by the state workers’ compensation law, DOT regulations, and other federal laws.
- Drug testing that is conducted to identify the cause of an accident or injury. In this case, all persons involved in the accident must undergo testing.
- All post-incident drug tests must be conducted in a safe environment.
All businesses must know what post-incident drug testing is and how it should be properly conducted. Employees are also entitled to their rights during a post-incident drug test. In Florida, bus drivers may also undergo post-incident drug testing provided that there is reasonable suspicion to do so.
If the bus you were riding was involved in a bus accident that met the DOT regulations for testing, your bus driver will be required to undergo post-incident drug testing. If you suffered from personal injuries due to the accident, you may seek compensation for your injuries. Get in touch with the law firm of Jared Spingarn in Hallandale Beach to be sure that you are well-represented when filing a legal claim.