To all the LEOs on here, question about post accident drug/alcohol testing. HELP!

Discussion in 'Trucking Industry Regulations' started by truckerdave1970, Aug 29, 2009.

  1. truckerdave1970

    truckerdave1970 On Probation

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    I screwed up this morning. Backing under a dropped trailer at 3am, I failed to notice a metal pole close to the trailer and hit it with the tractor. It caused only minor cosmetic damage to the fairing in front of the fuel tank. Of course I notified the nite dispatch right away. I did as i was instructed and called the day dispatch when they came in. Now they tell me I am supposed to take a post accident drug/alcohol test. no problem, I have nothing to hide, I will pass. But the accident was minor, no injuries, no citation issued, and on a private driveway and happened over 6 hours ago.
    My questions are:
    1. Am i required by law to submit to a test for this accident?
    2. Can I get in trouble b/c of the amount of time that has elapsed since the accident and the testing?
    3. if yes to #2, what kind of trouble am I in?
    I will gladly submit to a test as quickly as I can, so I am not refusing to, but I didn't think about testing when I called nite dispatch at 3 am, nor did the people I reported the accident to!
    In a nutshell, am I screwd and if so, how bad???
     
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  3. dancnoone

    dancnoone "Village Idiot"

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    MOVE FAST !!!!! MOVE NOW !!!!

    You need to be in a taxi...going somewhere right now. Find out where you need to be going, and get there yesterday.

    Your company is trolling for reason to terminate, no other reason. We can go into details and the back and forth later.

    But find out where you need to go....and get there.
     
  4. 112racing

    112racing Road Train Member

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    chill out you may be in trouble with the company but not the dot



    you are not required by law to get a post accident drug screen for an accident while on private property

    that would be a company rule if they said you need it and they would have to direct you to a testing location and pay for it

    http://www.in.gov/spd/files/DOT_CDL_Post_Accident.pdf
     
    Last edited: Aug 29, 2009
  5. truckerdave1970

    truckerdave1970 On Probation

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    My terminal safety mgr. (whose knowledge I question b/c she is fairly new to the job) tells me that since there was:
    no fatalities or injury
    no ticket issued
    no vehicle was towed from the scene
    that this is NOT a DOT recordable accident. So no drug/alcohol testing is required by law, but there is a company policy that I get tested but the policy does not specify a time limit.
    Does that sound accurate to you guys? I know your opinion wont save my butt in court but I would trust you for my peace of mind!
    On a side note, if this accident is not DOT recordable, then for all intents and purposes it didnt happen and no mention of this should go on my DAC report, right??? And it shouldnt count against my safety record or cost me a safe driver bonus???
     
  6. 112racing

    112racing Road Train Member

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    go to the site i posted it explains it

    you will have to find out your company time limit you reported it in a timely matter so i wouldn't worry about it

    if they want a drug screen let them tell you where to go and when

    the friggin company's can put anything they want on your dac

    it will go against your company record if they put it there

    take pictures of the damage and keep them for the future in case it comes up at another job
     
  7. truckerdave1970

    truckerdave1970 On Probation

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    I cant, my phone wont let me look at a pdf format.
     
  8. dancnoone

    dancnoone "Village Idiot"

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    As you stated, this is a company policy.

    As I stated...you need to move on it ASAP.

    Company policy is subject to change per the fine print in said policy.

    They may or may not have a time frame on this. They can say what ever they want. So the need to act quickly and immediately...is in your hands.

    DOT regs will NOT save you from a dinged DAC, if your company decides you took too long for the drug test.

    I place more importance on this type of test, than a test after an accident. You are at your own mercy in this situation. Most DOT reportable requirements place the burden on your company....to arrange and to transport you immediately.

    In the case of a DOT reportable. there is generally an insurance adjuster on the scene to assist in this matter. Or at the very least, an officer who will transport you to the testing facility.

    This is NOT true in your case. The burden is entirely on you. the longer you take to close this door, the more likely it is to hit you in the ###.
     
  9. 112racing

    112racing Road Train Member

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    http://www.fmcsa.dot.gov/safety-security/safety-initiatives/drugs/drug-testing-guide.htm#one
     
  10. truckerdave1970

    truckerdave1970 On Probation

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    I appreciate the advise on this issue. The company wants me to get testing done this evening after my 10 break is up since I cant drive to the hospital. They dont want to transport me there yet assure me that I wont get in trouble for the time lapse between the incident and the testing.
    To be totally honest, I'm so fed up and depressed over my current problems this month, I just dont care if they fire me or even if they trash my DAC! I have come to hate truckdriving so much in the last 3-5 years, and you know I'll never quit, I almost dont care if I get fired anymore! My life is so screwed b/c of this crappy job and crappy pay, I think I'm ready to give up. I tired of fighting the system, trying to make a living, and never getting ahead!
    Again thanks for the help, but whatever happens now, happens. I gave it a good 15 years and I am worse off now than I was when I started! Screw the DOT, and the company, and the customers. I just wish I could wreak havoc and make them suffer as much as I have!
     
  11. stepnfetchit

    stepnfetchit Medium Load Member

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    Calm Down. This ain't no major catastrophe. Get the drug test as requested by the company. The sun will come up in the east tomorrow and set in the west and it will be a different day. Every driver out there has gone thru these feelings in their time. Relax, set back,take a deep breath and realize you are letting your emotions run over your brain. Happens to all of us sooner or later who spend anytime in this industry. I used to get so #### frustrated with the companies,dispatchers,safety, the stupid directives, the ungrateful customers,idiot receivers,etc etc that I threatened to quit, sell the #### truck and trailer and tell the industry to KMA. Took my tire thumper and beat the devil out of the tires and pretended they were whoever messed up my day. Felt good let me tell you. Got my rest and the sun came up the next day and you know what "It was a different day". It will be fine. The last several years I spent in the industry I had a motto: I AM A PROFESSIONAL DRIVER AND I WILL NOT LET YOUR STUPIDITY RUIN MY DAY! I am not gonna give them the satisfaction of knowing they upset me. STAY COOL AND DRIVE SAFE!!
     
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