# Presentation: 749496

## Mandatory Chemical Testing Following Serious Marine Incidents46 CFR Part 4

**What is expected of marine employers operating vessels in commercial service?**

## Objectives

** ****A**pplicability
** ****D**efine Serious Marine Incident (SMI)
** ****M**arine Employer Responsibilities
** ****D**rug Testing Requirements
** ****A**lcohol Testing Requirements
** ****R**eporting of Results

## Applicability

**A**pplies to all commercial vessels in U.S. navigable waters
- Does include foreign flagged vessels
**E**xamples are: freighters, cruise ships,  charter boats, ferries, dinner or cruise boats, water taxis, barges, tugs, tow boats, etc.

## Serious Marine Incident (SMI)

**A**ny marine casualty or accident which results in any of the following:
- One or more deaths;
- An injury to a crewmember, passenger, or other person which requires professional medical treatment beyond first aid.
- In the case of a person employed on board a vessel in commercial service, which renders the individual unfit to perform routine vessel duties;

## Serious Marine Incident (SMI)

**D**amage to property, as defined in 46 CFR Part 4, in excess of $100,000;
**A**ctual or constructive total loss of any vessel subject to inspection under 46 U.S.C. 3301; or
**A**ctual or constructive total loss of any self-propelled vessel, not subject to inspection under 46 U.S.C. 3301, of 100 gross tons or more.

## Serious Marine Incident (SMI)

**D**ischarge of oil of 10,000 gallons or more into the navigable waters of the United States.
**D**ischarge of a reportable quantity of a hazardous substance into the navigable waters of the United States, or a release of a reportable quantity of a hazardous substance into the environment of the United States.

## Marine Employer

-  **W**ho is a marine employer?
**V**essel owner, managing operator, agent, charterer, master, or person in charge.

## Marine Employer Responsibilities

** ****A**ppropriate vessel personnel are
-  	 trained as necessary in the practical
-  	 applications of the requirements.
-  **S**hall make a timely, good faith
-  	 determination whether the occurrence
-  	 is, or likely to become, a SMI.

## Marine Employer Responsibilities

**D**etermines which individuals are directly involved in the (SMI). Law enforcement officer may determine additional individuals to be tested.
**T**ake all practical steps to have each individual tested for drugs and alcohol.
**P**ractical steps should not prevent performance of duties necessary to preserve life or property or protect the environment.

## Individual Responsibilities

**W**hen directed by marine employer or law enforcement officer, provide:
- Urine specimen for drug testing
- Provide saliva, breath or blood for alcohol testing
**I**ndividual cannot be forcibly compelled to provide specimens if they refuse
- Consequences for refusal to test.

## Drug Testing Requirements

**A**ll drug tests are to be DOT drug tests
- Specimen collection and shipping kits must be used in accordance with 49 CFR part 40
- Collected by DOT qualified personnel;
- Use of Federal Drug Testing Custody and Control Form (CCF)
- The Federal CCF can be viewed at: _[http://](slide11.xml)__[dwp.samhsa.gov/DrugTesting/DTesting.aspx](slide11.xml)_

## Drug Testing Requirements

**S**pecimen promptly sent to DHHS/SAMHSA accredited laboratory
**L**aboratory sends results only to MRO
**M**RO transmits verified results to employer
**E**mployer completes form CG2692B for reporting to Coast Guard

## Drug Testing Requirements

**A**ll required drug tests to be collected within 32 hours from time of SMI
- If cannot be collected within 32 hours due to safety concerns, then collected as soon as possible after safety concerns have been addressed
- If not collected, reason why must be given on reporting form CG-2692B

## Drug Testing Requirements

**S**horeside facilities can be used if they can be reached in 32 hours
**I**f cannot be reached, specimen collection kits and CCFs maintained on the vessel and with qualified collection personnel
**S**pecimens shipped to laboratory at next port of call

## Alcohol Testing Requirements

**A**ll alcohol tests conducted within two hours of SMI
**U**p to 8 hours are allowed, if there are safety concerns to be met
**N**o alcohol testing required after 8 hours has elapsed
**I**f no testing conducted, reason why has to be given on form CG-2692B
**N**o alcohol beverage ingestion until after tests have been conducted or 8 hours has elapsed

## Alcohol Testing Requirements

**A**ll alcohol testing devices must be used according to the procedures specified by the device manufacturer
**C**ollection of breath or saliva must be taken by personnel trained to operate the alcohol testing device
**I**f blood is collected, must be collected only by qualified medical personnel

## Alcohol Testing Requirements

**A**ll devices used must be currently listed on one of the Conforming Products List (CPL) published in the _Federal Register_ by National Highway Traffic Safety Administration (NHTSA)
- One list is Evidential Breath Testing Devices (EBT)
- Other list is Alcohol Screen Devices (ASD)
- ASD does include two saliva alcohol testing devices

## Alcohol Testing Requirements

**A**lcohol tests conducted by Coast Guard and law enforcement personnel may be accepted
- Tests have to meet established standards in 46 CFR part 4

## Alcohol Testing Requirements

**A**lcohol testing may be conducted on board the vessel or by a shore side facility
**S**elf testing is allowable
**P**rimary requirement: testing must be conducted within two hours
- Cannot get to port within two hours is not a valid reason

## Reporting of Results

**M**arine employer shall complete Form CG-2692B (Report of Required Chemical Drug and Alcohol Testing Following a Serious Marine Incident)

## CG-2692B

## CG-2692B

**R**equired to identify specimen source per individual tested.
**G**ive results for each individual.

## Thank You For Listening

**Questions and How to Reach Me**
**Phone:**** ****202-372-1033**
**Email:**** ****Robert.C.Schoening@uscg.mil**
**Address:****  ****US Coast Guard Headquarters**
**	****	****       ****Office of Investigations and Analysis**
**	****	****       ****(G-PCA)**
**	****	****       ****2100 Second Street, S.W.**
**	****	****       ****Washington, DC 20593**
**Web Page Address:**
- _[ ](slide23.xml)__[www.uscg.mil/hq/gm/moa/dapip.htm](slide23.xml)_