USCG 2023 Random Rate for Marine Employers

The Coast Guard set the calendar year 2022 minimum drug testing rate at 50 percent of covered crewmembers.

The minimum random drug testing rate is effective January 1, 2023 through December 31, 2023.

Note: As a member company of The Maritime Consortium, Inc., the 50 percent testing rate does not necessarily mean 1/2 of your crew will be tested in a given year.  All Maritime Members belong to a single, approximately 10,000 employee pool.  By regulation, the random selection process is blind to us.  Therefore, members of any given company may or may not be selected and an employee could be selected multiple times.  Your membership fees cover the costs of any/all randoms your employees may be selected for.

The Coast Guard requires marine employers to establish random drug testing programs for covered crewmembers on inspected and uninspected vessels. Every marine employer is required to collect and maintain a record of drug testing program data for each calendar year, and submit this data by March of the following year to the Coast Guard in an annual Management Information System report.

This Marine Safety Advisory is to ensure that mariners, marine employers, and sponsoring organizations are aware that some products marketed as hemp or cannabidiol (CBD) may contain enough tetrahydrocannabinol (THC) to cause a positive drug test. In accordance with 46 CFR 16.201(c), an individual who fails a chemical test for dangerous drugs must be removed from duties directly affecting the safe operation of the vessel, and is subject to suspension and revocation proceedings against his or her credential under 46 CFR part 5. Use of hemp or CBD products is not accepted as an affirmative defense (acceptable excuse) against a THC-positive drug test result. For these reasons, mariners wishing to avoid a positive THC drug test result should exercise extreme caution when considering the use of any hemp or CBD product because such use could result in the loss of their merchant mariner credential and immediate removal from safety sensitive duties aboard a vessel. This warning applies to hemp and CBD products in any form, including those that are taken by mouth and those that are applied to the skin.

The Full Adviaory can be found here. https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CG-5PC/INV/Alerts/USCGMSA_0120.pdf?ver=2020-02-10-150127-240

The Coast Guard (USCG) published a final rule on March 19, 2018, raising the monetary property damage threshold amounts for reporting a marine casualty and for reporting “serious marine incident” (SMI) which requires mandatory alcohol and drug testing. The final rule, which takes effect on April 18, 2018, increases the reportable marine casualty property damage threshold amount in 46 CFR 4.05-1(a)(7) from $25,000 to $75,000. It also changes the SMI property damage threshold in 46 CFR 4.03-2(a)(3) from $100,000 to $200,000.

Mandatory drug and alcohol testing is still required if the property damage meets the monetary threshold amounts of those marine casualties in excess of $200,000 or if there is a death, injury requiring professional medical treatment, loss of inspected vessel, loss of an uninspected vessel over 100 tons, or significant harm to the environment.

Other incidents such as groundings, bridge strikes, losses resulting in reduced vessel maneuverability, impacts on vessel seaworthiness or fitness for service or route, loss of life, injury requiring professional medical treatment, or significant harm to the environment, must still be reported – regardless of the property damage cost involved.

The CG–2692 forms will be amended to reflect the rule changes. The changes to Form CG–2692 will involve revising its title and moving certain sections to two new addendum forms.

To read the regulation: https://www.federalregister.gov/documents/2018/03/19/2018-05467/marine-casualty-reporting-property-damage-thresholds