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After an employee is involved in an on-the-job accident, their employer might request they undergo post-accident drug testing. These tests are used to determine whether drugs were a factor in the accident and they help uphold workplace standards regarding illicit drug use and worker safety. Below are answers to some of the most commonly asked questions about this process.

FAQ About Post-Accident Drug Testing

Is it required?

Some industries legally require drug testing after workplace accidents. CDL drivers involved in accidents in which someone was killed or someone had to receive medical attention must be tested after the crash. Certain federal and state government jobs also legally mandate post-accident testing. According to the law, in a non-DOT situation any employer has the right to conduct post-accident drug testing even if they have no reasonable suspicion that drugs played a role in the accident.

How soon after an accident should it be performed?

As soon as possible. Different drugs stay in the body for different lengths of time, so the sooner you can perform a drug test, the more accurate the results will be. In general, most industries aim to test immediately after an accident. DOT regulations require drug and alcohol testing within 2 hours of an accident if the accident meets certain requirements..

Can an employee refuse to be tested?

drug testingAn employee can decline to take a test, but there will be consequences in accordance with your company's policies regarding refusal. There are strict guidelines under DOT rules concerning refusal. There is no federal law that demands an employee's cooperation, but there is also no law that says an employee cannot be fired for their refusal to cooperate. If they have a valid medical reason for refusing and can provide a doctor's confirmation, less punitive consequences are typically imposed.

I have an employee that needs to be tested. What should I do?

Inform the employee that they will need to be tested and give them specific instructions on how, when, and where the testing should be conducted. Create a record of all communications with both the employee and the drug testing facility. Most companies will not allow someone to return to work after an accident in which drug use is suspected until after testing results have come back. Employees at Artesia Drug & Alcohol Screening are very knowledgeable can and are willing to guide you or your company in this process.

 

Artesia Drug & Alcohol Screening offers post-accident drug testing to the Eddy County, NM, area. They provide a number of other laboratory testing services as well, including medication efficiency and DNA paternity testing. They also have an on-staff mental health counseling and substance abuse professional. Learn more about their offerings online. To arrange a test, call (575) 746-3404.

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