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ACQ 2016-1

USA

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U.S. - Alcohol and Drug Testing Requirements

From ECM Maritime Client Alert 1-2006:

On December 22, 2005, the Federal Register published the final rule revising the USCG requirements for alcohol and drug testing after a serious marine incident1.The new requirements become effective June 20, 2006.

The final rule requires vessels (foreign and US flag) to have alcohol testing devices on board, and authorizes the use of saliva as an acceptable specimen for alcohol testing. Other changes include:

  1. Alcohol testing must be conducted on each individual engaged or employed on board the vessel who is directly involved in a serious marine incident by the marine employer2
    2. .
    1. The alcohol testing must be conducted within two (2) hours of the incident, unless precluded by safety concerns directly related to the incident.
    2. If safety concerns directly related to the incident prevent the alcohol testing from being conducted within two (2) hours of the occurrence then the alcohol testing must be completed as soon as the safety concerns are addressed, but no later than eight (8) hours after an incident.
    3. It is the responsibility of the marine employer to have a sufficient number of alcohol testing devices3 on board the vessel.
    4. Vessels that only travel a short distance from shore and can reach a testing facility and conduct the required alcohol testing within two (2) hours are exempt from carrying alcohol testing devices on board.
    5. Collection of an individual's blood to comply with the alcohol testing must be taken only by qualified medical personnel. Collection of an individual's saliva or breath to comply with the alcohol testing must be taken only by personnel trained to operate the alcohol testing device in use.
  2. Drug testing must be conducted on each individual engaged or employed on board the vessel who is directly involved in a serious marine incident.
    1. The collection of drug-test specimens of each individual must be conducted within thirty-two (32) hours of when the serious marine incident occurred, unless precluded by safety concerns directly related to the incident.
    2. If safety concerns directly related to the incident prevent the collection of drug-test specimens from being conducted within thirty-two (32) hours of the occurrence, then the collection of the drug-test specimens must be conducted as soon as the safety concerns are addressed.
    3. The marine employer must have a sufficient number of urine-specimen collection and sampling kits meeting the requirements of 49 CFR part 40 readily available for use following a serious marine incident.
  3. The following actions require that the marine employer complete form CG-2692B providing an explanation -
    1. If the alcohol and drug testing are not completed in accordance with the timeframes listed; and /or
    2. If an individual refuses to provide a blood, breath, saliva, or urine specimen, this refusal must be noted on CG-2692B and in the vessel's official log book. The marine employer must remove that individual as soon as practical from duties that directly affect the safe operation of the vessel.
    3. No individual may be compelled to provide specimens for alcohol and drug testing as required. However, refusal to provide specimens is in violation of these requirements and may subject the individual to suspension and revocation proceedings, a civil penalty, or both.

1. For definition of "Serious Maritime Incident" see link to 46 CFR Part 4* in "useful resources" below

2. A "marine employer" means the owner, managing operator, charterer, agent, master, or person in charge of a vessel other than a recreational vessel. 46 CFR 4.03-45.

3. All alcohol testing devices must be currently listed on either the Conforming Products List (CPL) titled "Modal Specifications for Devices To Measure Breath Alcohol" or "Conforming Products List of Screening Devices To Measure Alcohol in Bodily Fluids".

Useful resources:

*46 CFR Part 4 ("Marine Casualties and Investigations"):

http://www.access.gpo.gov/nara/cfr/waisidx_03/46cfr4_03.html


Instructions for the Completion of CG-2692:

http://www.uscg.mil/hq/g-m/moa/docs/inst.pdf

Form CG-2692:

http://www.uscg.mil/hq/g-m/moa/docs/cg2692.pdf

Form CG-2692B

http://www.uscg.mil/hq/g-m/moa/docs/drug.pdf

01 Jan 2006