MARITIME CONSORTIUM INC.
Providing Guaranteed Compliance with the coast guard's drug
testing regulation, with over 9000 members

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

The U.S. Coast Guard is providing this notice to ensure that mariners, marine employers, Medical Reviewing Officers and the public are knowledgeable of the continuing prohibition of marijuana use by those serving in safety-sensitive positions in the maritime transportation industry.

Marine Safety Bulletin

USCG 2018 Random Rate for Marine Employers

The Coast Guard set the calendar year 2018 minimum drug testing rate at 25 percent of covered crewmembers.

The minimum random drug testing rate is effective January 1, 2018 through December 31, 2018.

Note: As a member company of The Maritime Consortium, Inc., the 25 percent testing rate does not necessarily mean 1/4 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 15th of the following year to the Coast Guard in an annual Management Information System report.

 

 

DOT "Recreational" Marijuana Notice: No change in drug policy for Mariners
Jim Swart, the Director of the Office of Drug and Alcohol Policy and Compliance Office of the Department of Transportation has issued a "Compliance Notice" relating to the recent initiative passed by some states to permit the use of marijuana for "recreational purposes." The notice was issued due to recent inquiries to the DOT about whether these state initiatives will have an impact upon the DOT's longstanding regulation about the use of marijuana by safety‐sensitive transportation employees – pilots, school bus drivers, truck drivers, train engineers, subway operators, aircraft maintenance personnel, transit fire‐armed security personnel, ship captains, and pipeline emergency response personnel, among others.

News You Need to Know to Keep Your Company in Compliance with the Coast Guard's Drug Testing Rules and to Maintain A Drug Free Vessel


NEWS INDEX

Random Rates for 2018

Coast Guard Updates Fines for Non-Compliance

DOT 'Recreational' Marijuana Notice: No change in Federal Policy

FAA Seeks $359,000 in Penalties on Drug Testing Violations: A Cautionary Tale

DOT Announces Change in Regulations Effective October 1, 2010

 USCG Sets Random Rates for 2018

The Coast Guard set the calendar year 2018 minimum drug testing rate at 25 percent of covered crewmembers.

The minimum random drug testing rate is effective January 1, 2018 through December 31, 2018.

Note: As a member company of The Maritime Consortium, Inc., the 25 percent testing rate does not necessarily mean 1/4 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 15th of the following year to the Coast Guard in an annual Management Information System report.

Coast Guard Updates Fines for Non-Compliance

The Coast Guard Authorization Act increased the civil penalty for non-compliance with chemical drug testing to $7,500 per day. This penalty also applies to failure to conduct post-accident alcohol testing.

Another change provided by the Act requires procedures to ensure that after a serious marine casualty occurs, alcohol testing be conducted no later than two hours after the casualty occurs unless such testing cannot be completed because of safety concerns directly related to the casualty. This rule applies to crewmembers or other persons responsible for the operation or safety-sensitive functions of the vessel or vessels involved in the casualty. (For more information, see Serious Marine Incident below.)

 

DOT "Recreational" Marijuana Notice: No change in drug policy for Mariners
Today, Jim Swart, the Director of the Office of Drug and Alcohol Policy and Compliance Office of the Department of Transportation issued a "Compliance Notice" relating to the recent initiative passed by some states to permit the use of marijuana for "recreational purposes." The notice was issued due to recent inquiries to the DOT about whether these state initiatives will have an impact upon the DOT's longstanding regulation about the use of marijuana by safety‐sensitive transportation employees – pilots, school bus drivers, truck drivers, train engineers, subway operators, aircraft maintenance personnel, transit fire‐armed security personnel, ship captains, and pipeline emergency response personnel, among others.

DOT "Recreational" Marijuana Notice Full Statement

 

A Cautionary Tale for Marine Employers: FAA Seeks $359,350 in Penalties for Drug Testing Violations
Under drug testing regulations paralell to those for Marine Employers, the FAA has proposed $359, 350.00 in civil penalties to GKN Aerospace Chem-Tronics for their alleged failure to pre-employment test or receive verified negative drug tests for 17 people hired to perform safety sensitive functions. Other irregularities were cited alleging improper testing or failure to random test several employees in accordance with DOT regulations.

All marine employers are urged to consider their drug testing program very carefully to ensure their compliance with the regulations. Ultimately it is you, the marine employer, who is responsible for ensuring that you are in compliance with the Coast Guard's drug testing regulations.

FAA Press Release

DOT Announces Changes in Regulations Effective October 1, 2010

On August 16, 2010, DOT published a final rule which will go into effect on
October 1, 2010. This rule affects anyone in a random drug testing program
mandated by the US Coast Guard.

The new regulation adds MDMA known on the street as Ecstasy to the list
of drugs screened for in DOT mandated drug tests.
For initial tests, the agency lowered the cutoff levels for detecting the
presence of cocaine and amphetamines, and heroin was added to the list.
Initial tests are the first tests done on samples. If a sample shows
positive results for illegal drugs, it is then put through a confirmation
test.
Drugs that will be screened for once the regulation goes into effect include:

  • Marijuana
  • Cocaine
  • Opiate metabolites of codeine and/or morphine
  • 6-Acetylmorphine, which is heroin
  • Phencyclidine, commonly referred to as PCP
  • Amphetamines of AMP and/or MAMP, such as speed
  • MDMA, street name Ecstasy

Beginning October 1, any USCG mandated drug tests will automatically
incorporate the regulations. There are no additional actions required


Maritime Compliance Update is published to keep members informed on aspects of the mandatory Coast Guard drug testing regulation, rules of operation of the Consortium, and to help them stay in full compliance with the regulations. It is not intended as legal advice.

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