U.S. Department of Homeland Security United States Coast Guard USCG Drug & Alcohol Program Compliance Requirements

U.S. Department of Homeland Security United States Coast Guard Regulations 33 CFR Part CFR Part 4 46 CFR Part CFR Part 40

U.S. Department of Homeland Security United States Coast Guard What do I need? Drug & Alcohol Policy Conduct Drug Testing –Pre-employment Testing –Periodic Testing –Random Testing –Serious Marine Incident Testing –Reasonable Cause Testing Employee Assistance Program (EAP) Management Information System (MIS) Report Records

U.S. Department of Homeland Security United States Coast Guard DHHS 5 Panel Drug Screen Tests for: Marijuana Cocaine Opiates Phencyclidine (PCP) Amphetamines

U.S. Department of Homeland Security United States Coast Guard Pre-employment All personnel who perform “Safety Sensitive Duties”. Background checks with former DOT employers 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 did not refuse to test or failed a test.

U.S. Department of Homeland Security United States Coast Guard 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 46 CFR 16 within the previous 6 months or, 2) Been subject to random testing for at least 60 of the previous 185 days and did not refuse to test or failed a test.

U.S. Department of Homeland Security United States Coast Guard Random Testing 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.

U.S. Department of Homeland Security United States Coast Guard Serious Marine Incident Testing Casualty resulting in: 1. Death 2. Injury needing medical treatment beyond first aid 3. Damage in excess of $100, Actual /constructive loss of vessel 5. Injury which renders individual unfit to perform routine duties 6. 10,000 gallon oil spill or more 7. Hazmat spill of a reportable quantity

U.S. Department of Homeland Security United States Coast Guard SMI Testing Continued Must test all persons directly involved Must be tested by the Marine Employer Individuals must provide sample Use form CG-2692B Personnel tested for drugs (32hr) and alcohol (2hr)

U.S. Department of Homeland Security United States Coast Guard 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 The Marine Employer has the authority to require testing.

U.S. Department of Homeland Security United States Coast Guard Employee Assistance Program Marine Employer shall provide for all employees Must include training on the effects & consequences of drug use as well as signs of intoxication Display informational material Display hotline assistance number Display Company Drug and Alcohol Policy Supervisors must receive 60 minutes of training

U.S. Department of Homeland Security United States Coast Guard Management Information System (MIS) Report Required of all marine employers with one exception*. Submit to: Commandant (G-MOA) 2100 Second Street, SW Washington, DC Due by March 15 th of each year Can submit via Internet at

U.S. Department of Homeland Security United States Coast Guard Records Employer responsibility. Maintain records in a location with controlled access. A service agent may maintain these records. Records can be produced at your principal place of business within two business days.

U.S. Department of Homeland Security United States Coast Guard All contracts with Service Agents (C/TPAs; MRO; Collection facilities; Laboratory, SAP, Others). Designated Employer Representative (DER) Designation EAP Training Records –Employee drug awareness –Supervisor Maintain copy of MIS reports. Records

U.S. Department of Homeland Security United States Coast Guard Records 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);. –SAP reports; and –All follow-up tests and schedules for follow-up tests.

U.S. Department of Homeland Security United States Coast Guard Records Drug and alcohol testing previous history requests AND replies. Maintain for 3 years from date of employment. Maintain records of chemical tests with negative results for 1 year.

U.S. Department of Homeland Security United States Coast Guard What are your options? Join a Consortium / Third Party Administrator (C/TPA) Drug and Alcohol Program Management Company Run your own Drug Program

U.S. Department of Homeland Security United States Coast Guard Audits Audit for employer belonging to a consortium Audit for an employer run program Expect them periodically * UPV Dockside Exams are not audits

U.S. Department of Homeland Security United States Coast Guard Non-Compliance Up to 30 days to come into compliance If still not compliant – one or more of the following: Letter of Warning Captain of the Port Order to stop operations Suspension/Revocation of license Civil penalties- $5,500 per day per violation

U.S. Department of Homeland Security United States Coast Guard For Your Information Current Code of Federal Regulations G-MOA drug and alcohol test website includes: regs, forms, audit sheets, commonly asked questions, etc. DOT regs at

U.S. Department of Homeland Security United States Coast Guard Contact Information LT Nick Neely Fax: Mailing address: 2760 Sherwood Lane, Suite 2A Juneau, AK 99801

U.S. Department of Homeland Security United States Coast Guard Questions?