Drug & Alcohol Testing Program Presented by CWO3 J. Feuerbach

Compliance Requirements Regulations 33 CFR Part 95 46 CFR Part 4 46 CFR Part 16 49 CFR Part 40

Purpose of the Regulations Provide a means to minimize the use of intoxicants by merchant marine personnel and promote a drug free and safe work environment.

What do I need to do to be in full compliance? Policy Drug Test Pre-employment Testing Periodic Testing Random Testing Serious Marine Incident Testing Reasonable Cause Testing Employee Assistance Program (EAP) Management Information System (MIS) Report Records

Pre-employment All personnel who perform “Safety Sensitive Duties”. Must be tested with negative result prior to beginning work. Exemptions: 1) Passed a chemical test required by 46CFR16 within the previous 6 months or, 2) Been subject to random testing for at least 60 of the previous 185 days and has never refused to test or failed a test.

Periodic Testing Applies to all licensed/documented mariners when applying for renewal/endorsements/ upgrades. Applies to individuals applying for original license/documents. Exemptions: 1) Passed a chemical test required by 46CFR16 within the previous 6 months or, 2) Been subject to random testing for at least 60 of the previous 185 days and has never refused to test or failed a test.

Random Testing Minimum of 50% annual testing requirement. All personnel filling “Safety-Sensitive Positions” must be eligible for selection each time. The person choosing the date and time of testing cannot be subject to the requirements. Random tests must be spread out evenly throughout the year.

SERIOUS MARINE INCIDENT Reportable marine casualty resulting in: One or more deaths; An injury requiring medical attention beyond first aid, or renders a crewmember unfit to perform routine vessel duties. Damage to property as defined in 46 CFR 4.05-1(a)(7) in excess of $100,000; Actual or constructive total loss of an inspected vessel; Actual or constructive total loss of a self-propelled, uninspected vessel of 100 GT or greater; Discharge of oil of 10,000 or more gallons into a navigable water of the U. S.; Discharge of a reportable quantity of hazardous material into a navigable water of the U. S.

SERIOUS MARINE INCIDENT TESTING Alcohol testing must be conducted on each crew member directly involved in an incident which results in a SMI. The alcohol testing must be conducted within 2 hours of the occurrence unless precluded by safety concerns directly related to the incident. Drug testing must be conducted on each crew member directly involved in an incident which results in a SMI. Collection of drug-test specimens shall be conducted within 32 hours of the occurrence.

CONFORMING PRODUCTS LIST (CPL) What are the employers choices for devices? Evidential Breath Measurement Devices Federal Register Updated Periodically Alcohol Screening Devices Check Department of Transportation website http://www.dot.gov/ost/dapc/

Reasonable Cause Testing When should testing occur? Reasonable and articulable belief that the individual has used a dangerous drug based on direct observation of specific, contemporaneous physical, behavioral, or performance indicators of probable use. Who has the authority to require testing? Marine Employer !

Employee Assistance Program Marine Employer shall provide for all employees. Must include education & training on drug use. Display informational material Display Hotline Number Display Company Drug and Alcohol Policy Supervisors must receive 60 minutes of training

Management Information System (MIS) Report Required of all marine employers with one exception. Submit to: Commandant (G-MOA) 2100 Second Street, SW Washington, DC 20593-0001 Due by March 15, each year. Can submit via Internet at http://damis.dot.gov/

Records (One Year) Maintain records of chemical tests with negative results for 1 year.

Records (Three Years) Drug and alcohol testing previous history requests/replies (3 years from date of employment).

Records (Five Years) Maintain records of chemical tests with non-negative results for five years (Includes: documentation of refusals to take required alcohol and/or drug tests; substituted or adulterated drug test results);. Substance Abuse Professional (SAP) reports; and All follow-up tests and schedules for follow-up tests.

Records (Who and How) Employer responsibility. A service agent may maintain these records. Records can be produced at your principal place of business in the time within two business days. Maintain the records in a location with controlled access.

Records (Permanent) All contracts with Service Agents (C/TPAs; MRO; Collection facilities; Laboratory, SAP, Others). DER Designation. EAP Training Records Employee drug awareness Supervisor Maintain copy of MIS report. A service agent may maintain these records. Records can be produced at your principal place of business in the time within two business days. Maintain the records in a location with controlled access.

What are your options? Join a Consortium/Third Party Administrator(C/TPA) Drug and Alcohol Program Management Company Run your own Drug Program

Joining a C/TPA with a Letter of Regulatory Compliance (LORC) Determine who is responsible for managing the required elements of being in compliance. Have easy access to the compliance letter or contract to show compliance. Marine employer is STILL responsible for meeting regulatory requirements.

Joining a Consortium without a Letter of Regulatory Compliance (LORC) Ensure that they meet all of the requirements set forth in the regulations (33 CFR Part 95; 46 CFR Parts 4 & 16; 49 CFR Part 49). The marine employer is ultimately responsible for compliance. Ensure they are using a DHHS/SAMHSA certified laboratory. Ensure the DHHS 5 panel drug screen is being administered.

DHHS 5 Panel Drug Screen Tests for: Marijuana Cocaine Opiates Phencyclidine (PCP) Amphetamines

Running your own program Ensure you meet all of the requirements set forth in the regulations. Marine Employer is ultimately responsible for compliance.

Audits Audit for an employer run program. Audit for employer belonging to a consortium. Proof of contract. List of covered employee’s.

What happens if I do not comply? First, up to 30 day period to comply. Next, Letter of Warning Captain of the Port Order- to stop operation Suspension/Revocation of license Civil penalties- $5,500 per day per violation

For Your Information Code of Federal Regulations http://www.gpoaccess.gov/ecfr G-MOA drug and alcohol test website will include: regs, forms, audit sheets, commonly asked questions, etc. www.uscg.mil/hq/g-m/moa/dapip.htm DOT Regulations http://www.dot.gov/ost/dapc/