The following is a key document of the US Coast Guard which summarizes and explains the drug and alcohol testing regulations. This is not a Maritime Consortium document, so we do not make any representations to its accuracy, nor is it an endorsement of our Consortium.
MARINE EMPLOYER GUIDEBOOK
Code of Federal Regulation Sites that Contain Testing Requirements |
|
Applicability: When a Testing Program is Required and Who Needs to be Tested |
|
Department of Health and Human Services (DHHS) Laboratory Requirements |
|
|
|
|
Chain of Custody - Procedures to account for the integrity of each urine or blood specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. Procedures include the use of a drug testing custody form at collection and a laboratory chain of custody form. Chemical Test - a scientifically recognized test which analyzes an individual's breath, blood, urine, saliva, bodily fluids, or tissues for evidence of dangerous drug or alcohol use. Crewmember - an individual who is: (a) On board a vessel acting under the authority of a license, certificate of registry (COR), or merchant mariner's document (MMD), whether or not the individual is a member of the vessel's crew; or (b) Engaged or employed on board a vessel owned in the United States that is required by law or regulation to engage, employ, or be operated by an individual holding a license, COR, or MMD. DangerousDrug - a narcotic drug, a controlled substance. Employer - marine employer or sponsoring organization. Marine Employer &endash; any one or more of the following: the owner, managing operator, charterer, agent, master, or person in charge of a vessel, other than a recreational vessel. Medical Review Officer (MRO) - a licensed physician responsible for receiving lab results generated by an employer's drug testing program, and who has the medical expertise to interpret, discuss and evaluate an individual's confirmed positive test. Refuse to Submit - crewmember fails to provide a urine sample without a genuine inability to provide a specimen, after he/she has received notice of the requirement to be tested. |
The sample must be collected at an adequate location. The regulations are very specific in how specimens are collected, and how specimen containers are sealed and transported. Chain of custody must be maintained from the time of collection of the specimen to its testing. The marine employer needs to ensure that the collection site uses DOT collection procedures. Some certified labs have designated sites and individuals allowed to collect and maintain samples to ensure the sample’s integrity. |
For tests reported positive by the MRO, the marine employer is to keep the records for at least five years. All negative test results are to be kept for at least one year. A marine employer must have test records that will permit an individual to obtain confirmation that an employee has passed a pre-employment test (this means keeping pre-employment records for all employees throughout their entire employment) and has been subject to random testing. Any return-to-work letters from MROs should be kept on file, if applicable. A marine employer must also have records that reflect:
**Copies of previous MIS forms will serve as excellent records for past years. |
Employees must provide a urine sample for drug testing and a blood or breath sample for alcohol testing when directed by their marine employer. A crewmember who holds a license, COR, or MMD who refuses to provide a test sample should be reported to the nearest Coast Guard Marine Safety/Inspection Office for the Coast Guard to take action in accordance with applicable laws and regulations. This may include Suspension and Revocation (S&R) proceedings. Additionally, previous drug cases have established the precedent that "unconscious ingestion" (you did not knowingly take the drug and don't know how it got in your system) and "passive inhalation" (you did not personally smoke it; you were just standing nearby), are not plausible defenses to a "use of a dangerous drug" charge. |
The scope of the audits will include required record keeping and reporting, specimen collection, MRO activities, employee assistance programs, proper designation of crewmembers to be tested, and proper conduct of required tests. To ensure the effectiveness of the program, it should be in a written format and presented to the Coast Guard inspector at the time of the audit. Many consortiums provide the written program as part of their service. To expedite the drug program audit of an inspected vessel, the records should be available on board the vessel during the inspection. There should also be a representative present who is knowledgeable of the company’s drug testing program and is able to address any questions the inspector may have. However, if the records cannot be made available on board the vessel, please contact the Inspections Department prior to the inspection in order to make alternative arrangements. Copies of the audit checklists are available in this guidebook (enclosure 7). There are two checklists; one is for a consortium run program and the other is for an employer run program. Marine employers are encouraged to copy and use the applicable form to conduct a pre-audit of their company’s drug testing program. The form will help you determine if your company is in compliance with the regulations, correct any deficient areas, and prepare you for the actual Coast Guard audit. Uninspected vessel operators who are prepared to conduct an audit are encouraged to contact their local MSO to schedule an audit. Depending on your program, the audit may be done through the mail. Do not wait until you are contacted for an audit to establish a drug program. The drug testing regulations have been in effect for several years, and marine employers must be in compliance with these regulations. While our desire is to promote compliance through a partnership of education and cooperation, enforcement action will be taken against non-compliant operators. Besides, a good chemical testing and education program could be valuable: protecting you in a third party liability action, decreasing insurance rates, and protecting the valuable personnel who operate your business. |
Marine employers, especially smaller companies, may find it advantageous to comply with the chemical testing regulations by joining a chemical testing consortium. Consortiums combine the employees of several companies into a single "testing pool" and administer the chemical testing programs for all the companies as a single entity. Be aware that consortiums differ in services they provide. Some may provide "full service" coverage of the chemical testing regulations, while others may provide only limited services such as a random drug testing pool. Because the marine employer remains ultimately responsible for the company’s chemical testing program, ensure that the consortium you choose is able to meet your specific needs. See enclosure 1 to get more information on consortiums. When considering civil penalties of as much as $5,000.00 per occurrence for non-compliance, or costs associated with civil liability after an injured customer sues, or post-casualty insurance hikes, the cost of complying with these regulations becomes much more reasonable. |
WHERE TO GET INFORMATION ABOUT. . . Substance Abuse National Clearinghouse for Alcohol and Drug Information PO Box 2345 11426-28 Rockville Pike Rockville, MD 20847-2345 1-800-729-6686 or (301) 468-2600 You can obtain a free catalog, containing thousands of drug prevention products, by calling the toll-free number. The Drug Testing Regulations There are several sources available to obtain the regulations. Website: www.access.gpo.gov/nara/cfr/cfr-retrieve.html Order charged to credit card: (202) 512-1800 or Order by fax: (202) 512-2250 Order by mail: Superintendent of Documents Government Printing Office PO Box 371954 Pittsburgh, PA 15250-7954 Purchases paid by check or money order made payable to Government Printing Office. Ordering information: [] 46 CFR, Parts 4 and 16 (volume contains parts 1 through 40) Order Document No. 869-034-00171-8 Cost: $26.00 each [] 49 CFR, Part 40 (volume contains parts 1 through 99) Order Document No. 869-034-00192-1 Cost: $31.00 each [] Drug and Alcohol Testing Management Information System (MIS) Data Collection Form (7 copy version)(Pkg of 50) Order Document No. 050-000-00558-5 Cost: $36.00 Pkg Community Service Hotline Numbers Your local telephone directory Collection Procedures Secretary of Transportation's Drug Office at (202) 366-3784 Certified Laboratories At the beginning of each month, the list of DHHS certified laboratories is published in the Federal Register. Website: www.health.org/labs/index.htm DHHS: (314) 443-6014 MIS Form Copy provided in this guidebook. Website: www.uscg.mil/hq/g-m/nmc/genpub.htm#forms The form and its instructions may be obtained at any Marine Safety/Inspection Office. The forms can also be ordered from the Government Printing Office as indicated in the section titled THE DRUG TESTING REGULATIONS. Assistance If a highly technical, legal, or unique problem arises, you may consult the regulations, Commandant (G-MOA), U.S. Coast Guard at (202) 267-1430. |