USCG Compliance

United States Coast Guard (USCG) regulation is 46 CFR Parts 4, 5, and 16

Covered employee

A person who is on board a vessel acting under the authority of a license, certificate of registry, or merchant mariner’s document. Also, a person engaged or employed on board a U.S. owned vessel and such vessel is required to engage, employ or be operated by a person holding a license, certificate of registry, or merchant mariner’s document.

Types of tests for drugs

Pre-employment, periodic, random, reasonable cause, and post- serious marine incident (SMI), return-to-duty, and follow-up.

Types of tests for alcohol

49 CFR Part 40 alcohol-testing requirements do not apply to the Maritime Industry. 46 CFR Part 4.06 requires post-SMI chemical testing for alcohol use. 33 CFR Part 95.035 allows for a marine employer or a law enforcement officer to direct an individual to undergo a chemical test for intoxicants when reasonable cause exists or a marine casualty has occurred.

Definition of incident requiring testing

An SMI, defined in 46 CFR 4.03-2, includes several serious incidents involving vessels in commercial service. First, any spill of 10,000 gallons or more of oil into U.S. navigable waters counts as an SMI. Likewise, a spill of a reportable amount of hazardous material into water or the environment also qualifies. Moreover, if these happen with or without a marine accident, they must still be reported.

Additionally, any marine casualty that must be reported and results in a death is an SMI. Similarly, if anyone, including passengers, gets hurt and needs more than first aid, it applies. If the injury prevents a crew member from doing their usual job, it counts as well. Furthermore, damage to property that goes over $100,000 must also be reported. Also, if any inspected vessel is fully lost or destroyed, the event is considered an SMI. Finally, losing an uninspected, self-propelled vessel weighing 100 gross tons or more also qualifies.

Reasonable-cause determination (drugs)

The marine employer must have a reasonable and articulable belief that the individual has used a dangerous drug. This belief should be based on the direct observation of specific, contemporaneous physical, behavioral, or performance indicators of probable use and where practicable based on the observation of two persons in supervisory positions.

Reasonable-cause determination (alcohol)

The employee was directly involved in the occurrence of a marine casualty or the individual operated a vessel and the effect of the intoxicant(s) consumed by the individual on the person’s manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation.

Pre-duty alcohol use prohibitions

Four (4) hours prior to the performance of scheduled duty.

Employee training

Employers must always provide education by displaying and distributing drug and alcohol awareness materials to all employees. Additionally, they must give each worker a community service hot-line number for assistance and support at any time. Moreover, employers must hand out their full policy on alcohol and drug use to every covered employee directly. Also, training should clearly explain the harmful effects of drug and alcohol use on health, safety, and the workplace. Further, employers must describe signs and behaviors that may clearly show drug or alcohol use or possible substance abuse.

Supervisor training

One-hour of training is required on the effects of drugs and alcohol on personal health, safety, and work environment; and manifestations and behavioral cues that may indicate drug and alcohol use and abuse.

Reportable employee drug and alcohol violations

Results of all post-SMI tests and positive drug test results for all mariners who hold a license, certificate of registry or merchant mariner’s document must be reported to the nearest Coast Guard Officer in Charge, Marine Inspection.