1. Drug & Alcohol Testing Program
Presented by
CWO3 J. Feuerbach

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

3. 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.

4. 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

5. 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.

6. 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.

7. 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.

8. 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 (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.

9. 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.

10. 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

11. 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 !

12. 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

13. 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, each year.
Can submit via Internet at

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

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

16. 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.

17. 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.

18. 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.

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

20. 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.

21. 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.

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

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

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

25. 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

26. For Your Information Code of Federal Regulations
G-MOA drug and alcohol test website will include: regs, forms, audit sheets, commonly asked questions, etc.
DOT Regulations