- Why should me and my company be a member of READI Collect?
- READI Collect is the only effective way to get a post-accident drug and especially alcohol test done within the DOT required time frame.
- READI Collect’s comprehensive drug-testing program ensures the fastest response to a post-accident test request. This allows you to rest easy that you will meet all the criteria for a DOT required post-accident drug and alcohol test.
- How does the patented READI Collect post-accident drug testing work?
- Immediately following a vehicle or workplace accident, the driver, employee or employer designated employee representative (DER) will activate their READI Collect app or web portal and request a test. The patented READI Collect app sends out a GPS referenced service request to our nationwide network of available mobile collection specialists that respond immediately and get to you or your employee’s location, FAST 24/7/365.
- This mobile aspect is especially important for employers who are regulated by the Department of Transportation because their drivers are often alone and far from the office. It’s also important for employers in construction, oil and gas, railroad, and other industries where employees work in remote locations.
- Regardless of the circumstances, an employee’s medical care should never be delayed while supervisors spend precious minutes and hours tracking down a mobile collector, especially after normal working hours and weekends. READI Collect effortlessly determines what test is required and finds the closest mobile collection specialist and routes them to the scene in record time.
- Approved READI Collect users will have access to reports about the test including minute by minute status, digital copies of the required forms and notification of a final result. All of this can be seen in real time on the READI Collect app and the web portal.
- Who is required to receive post-accident drug testing?
- Only companies regulated by the Department of Transportation and those that do work for the federal government are required to conduct post-accident drug testing. But many employers who don’t fit these criteria still do. This is because it helps to discourage drug use, encourage a safer workplace, and as part of a comprehensive drug-testing program, reduce workers’ compensation, general liability, and vehicle insurance rates.
- For DOT-regulated employers
- After initiating a service request in the READI Collect app or web portal, we will dispatch a collector immediately, and in most cases, they will arrive on the scene within two hours. This is well within the requirements of 49 CFR parts 40 and 382 which state that a DOT alcohol test must be conducted within eight hours, but ideally two, and a DOT drug test must be conducted within thirty-two (32) hours of a workplace accident.
- As of January 2018, all DOT-related post-accident drug tests must require an expanded panel including four additional semi-synthetic opioids that are frequently abused. These substances include:
- For everyone else (Non-DOT drug testing)
- Although not required to follow DOT regulations, these employers are still encouraged to conduct post-accident drug testing as soon as it is practical after an accident. Ideally, this should be within two hours. There’s an important reason for this. The longer you wait, the less likely you will be to identify breath alcohol levels and/or drug metabolites. This means that even though employee drug use may be the cause of a workplace accident, the employer could still be held financially and/or legally responsible if the drug and/or alcohol use is confirmed by a timely test.
- Employers conducting a non-DOT post-accident drug test are free to include as few, or as many drugs as they want to test for, but the standard DOT panel is recommended because it includes the most commonly used drugs. You are also free to utilize any testing method, including urinalysis, oral fluid / mouth swab, and hair drug testing.
- * Note: Urgency of alcohol testing is critical because breath alcohol levels drop off quickly. If you wait too long, an employee who was under the influence of alcohol could test negative for alcohol impairment leaving you liable for the damages.
Post-accident drug testing program guidelines
- Implement and enforce a written drug testing policy
- You are required to have a company drug and alcohol testing policy ion place and all covered employees educated and applicable employees trained per the policy. Your drug testing policy should contain a statement that all employees are subject to drug testing—to include post-accident drug testing—and that a refusal to take a drug screen will result in a presumption that the test would have been positive. Furthermore, the drug policy should be signed by the employee and be universally enforced. If the policy is not enforced, the claimant can effectively argue that no valid policy exists.
- Conduct training and education
- Your drug testing policy must have a training and education component. Employees and supervisors must understand your drug testing policy, the consequences of violating it, and the harmful effects of drugs and alcohol in the workplace. Supervisors must also be able to make the decision to initiate reasonable suspicion drug testing. For any DOT mandated testing for reasonable suspicion the supervisor must have completed an approved training course and have a copy of the certificate on hand.
- Conduct drug testing immediately following the accident
- Post-accident drug testing must be conducted immediately, even after even minor accidents. A court can deny the intoxication presumption if the test occurs too late after the accident. The workplace drug test must strictly follow your company’s documented drug testing policy, Federal and State law, identify any substances used, and quantify the drug and/or alcohol levels.
- Take written statements immediately following the accident
- In a written, signed statement, an employee should state whether they have consumed any alcohol within 24 hours of the accident, or any non-prescribed controlled substances, within 30 days of the accident. If you suspect drug or alcohol use by the injured employee, ask coworkers whether they noticed any unusual behavior and obtain written statements if they have. Never discuss the results of any drug tests with the injured worker’s co-workers.
- * Note: Due to HIPAA regulations, employers should not ask an employee if they have consumed a controlled substance that has been prescribed to them due to potential legal issues that may cause.
- Approve emergency care immediately
- The injured employee is entitled to reasonable emergency medical care until he is stabilized or discharged.
- Do not encourage the use of drugs or alcohol
- An exception to the intoxication defense occurs when employers provide a substance or intoxicating beverage, and encourages its use, or if the intoxication occurs in pursuit of the employer’s interest. Have a written drug testing policy against using alcohol, even at work-related activities.
- READI Response Accident investigations
- We encourage you to register with READI Response as an additional layer of protection. READI Response will dispatch a certified accident investigator to the scene in record time using the same geofencing technology as the READI Collect app that will collect critical digital information that will substantiate all of the details of the accident.