No. Post-accident drug testing and alcohol testing are only required when there is a loss of life or the driver receives a citation for a moving violation arising from the accident.

The drug and alcohol testing regulations apply when a driver is operating a commercial motor vehicle. If the driver was in his personal vehicle, he does not have to submit to U.S. DOT required follow-up drug or alcohol tests. The drug and alcohol testing rules apply only when a driver is operating a commercial vehicle or performing work for a motor carrier.

No. A company can not use the DOT regulations as a reason to drug and alcohol test employees who do not meet the requirements. This testing would have to be covered under your company policy.

If the driver tests positive, then he must have met or exceeded the cut-off levels as prescribed by 49 CFR part 40. It doesn’t make a difference how much above the cut-off level the result is, the consequences are the same – removal from safety-sensitive functions.