"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."
Those applying for a Captains license or other merchant mariner credential need a drug test and periodic drug testing every two years. The U.S. Coast Guard’s Drug and Alcohol Testing Program regulations promote a drug-free and safe work environment for the safe passage of embarked passengers and for carriage of cargo on U.S. waterways.
The rule applies to:
All licensed/documented personnel and unlicensed/undocumented personnel who perform “Safety Sensitive Duties” must be in the drug and alcohol drug testing program. "Safety sensitive duties" includes:
All crew-members, that are responsible for the safe handling of passengers, are considered to be filling safety sensitive positions as well.
So, if you are asking yourself, "Do the chemical testing regulations apply to me?", the answer is "Yes". The chemical testing regulations apply to most commercial vessel operations regardless of the number of employees and regardless of whether the vessel is inspected or uninspected. This includes "guide services".
If you are not sure who all need to be tested in your company, call CleanFleet today at 503-479-6082.
You can go to your state's fish and wildlife website to find all federal waters in your state.
Random Testing Rates mandated for each driver pool is currently: Drug:50% , Alcohol: N/A. Testing rates are systematically reviewed and are subject to change by the DOT.
Regulations: 33 CFR Part 95 (Operating while intox.), 46 CFR Part 4 (Marine Casualties), 46 CFR Part 16 (Chemical Testing), 49 CFR Part 40 (Collection Procedures)
The marine employer shall ensure that all persons directly involved in a serious marine incident are chemically tested for evidence of dangerous drugs and alcohol in accordance with the requirements of 46 CFR 4.06.
Casualty resulting in:
Marine Employer shall provide for all employees:
Simply, "yes". If an individual meets the definition of a crewmember, as described in 46CFR16.105, they must be part of the chemical testing program, regardless of how short the time period they work on board the vessel. Enclosure 6 has been included in this guide in order to assist with the problem of having part time crewmembers in the chemical testing program.
Crewmember means an individual who is: