UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF TRANSPORTATION 

UNlTED STATES COAST GUARD 

UNITED STATES COAST GUARD 

Complainant 

VS. 

RENALDO JONES 

Respondent. 

Docket Numbel- CG S&R 02-01 10 

CG Case No. PA01002212 

DECISION AND ORDER 

Issued bv: Archie R. Boms, Administrative Law Judge 

PRELIMINARY STATEMENT 

This proceeding is brought pursuant to the authority contained in 5 USC 551-559; 46 

USC Chapter 77; 46 Code of Federal Regulations, Parts 5 and 16; and 33 CFR Part 20. 

Renaldo Jones was served with a Complaint dated 19 February 2002 which was issued 

by U.S. Coast Guard Investigating Officer LTJG C. C. Culona of the Marine Safety Office 

Hew Orleans, LA. 

The factual allegations are 'Misconduct" in that on "on August 3; 2001 the Respondent 

refused to take a random cirug rest ordered by Kirby Corporation.." 

On 25 March 2002 Mr. Jones filed an Answer in which he denied the jurisdictional 

allegations. He had no comment with regard to the factual allegations. In his answer he 

stated "1 iost my MMD and now i'm signing over my right, Iny iMMD until this matter is 

resolve (sic)." fie reque.sted a heating. 
A hearing was held on 15 May 2002 at the Marine Safety Office; 1615 Poydras Street, 

New Orleans, 70 112. 

Although all of his rights were fully explained to him, including his right to be 

represented by professional counsel, Mr. Jones elected to represent himself. 

In support of the Complaint the Investigating Officer introduced in evidence the 

testimony of two witnesses: (1) Melissa Bottoms, medical records assistant for Kirby 

Corporation and; (2) Jose Perez, collector for Nouston Medical Testing Services. 

In addition to the testimony of the two (2) aforementioned witnesses the Investigating 

Officer introduced in evidence three (3) exhibits. 

1.0. Exhibit No. 1 -a letter from Ms. Bottoms addressed to the U.S. Coast Guard 

Marine Safety Office informing that office of Mr. Jones' refusal to test for drugs 

on 3 August 200 1. 

1.0. Exhibit No. 2 - a copy of a completed Drug Testing Custody and Control 

Form, copy No. 4, which is signed by Renaldo Jones. However, the notation 

"refusal" is at the top of the form. 

1.0. Exhibit No. 3 - a copy ofa lctter addressed to the Coast Guard Marine 

Safety Office dated 2 May 2002 signed by Lydia Danos, office manager for 

Loms G. Towing Corporation, which letter further advised the Coast Guard of 

Mr. Jones' refusal to submit a specimen on 3 Auyst 2001, together with a copy 

of the company's "drug and alcohol abuse" program. 

Mr. Jones did not testify, nor did he~all any witnesses. He produced two exhibits. 

Respondent Exhibit A - is a "wage record file inquiry." 

Respondent Exhibit B - is a "claimant's statement - voluntary leave, unemployment 

insurance claims," in which Mr. Jones states that his reason for quitting the vessel was 

"improper use of my social security number." 

At the conclusion of the hearing the Administrative Law Judge took the matter ullder 

advisement. It is now concluded that the allegations of the Complaint are proved. Mr. Jones 

offered no evidence to refute the charge. 
.,. . 

6 ... 

- FINDINGS 3F FACT 

I. The Respondent, Renaldo Jones, was the holder of the Merchant Mariner's Document 

No. 

. 

9 In his answer the Respondent stated that the above referred to document was lost. 

3. On 3 August 2001 Mr. Jones was serving on the towing vessel Lady G 11. 

4. Kirby Inland Marine charters all vessels owned and operated by Lonis G. Towing 

Corporation. Lorris G. Towing Corporation employees are subject to all guidelines set 

forth by Kirby Inland Marine, which includes a random drug and alcohol abuse policy. 

5. On 3 August 2001 arepresentative from Kirby Inland Marine boarded the Motor Vessel 

Lady G I1 with the purpose of drug testing the crew members. 

6. Each crew member was requested to fumish aurine specimen for analysis. 

7. Mr. Jones failed to comply with the request and he packed his belongings and left the 

vessel. 

ULTIMATE FINDINGS 

Renaldo Jones on 3 August 2001 refused to provide a specimen for a random drug test 

as ordered by Kirby Inland Marine. -. 

- OPINION 

The regulations which provide for chemical testing of mariner's is set forth in 46 CFR 

Part i6. T'hoseregulat~ons list five (5) different catcgor;es for tesiing as follows: 

(1) Pre-tmployrnent (46 CFR 16.2 10) 

(2) Periodic (46 CFR 16,220) 

(3) Random (46 CFR 16.230) 

(4) Serious Marine Incident (46 CFR 16.240), and 

(5) Reasonable Cacse Testing (46 CFR 16.250) 
The testimony indicates that Mr. Jones was required to take arandom test in accord with 

the above quoted regulations. Mr. Jones rehsed to submit a specimen in order that the test 

could be completed. 

The Commandant of the Coast Guard has repeatedly ruled that refusal to submit a urine 

specimen for a drug test is tantamount to a positive report for drugs 

Mr. Jones previously tested positive for prohibited drug. He undenvent and completed a 

rehabilitation program after voluntarily depositing his document on 21 September 1999. 

ORDER 

Merchant mariner's document ~o.(ssued to Renaldo Jones, is revoked. 

u P,+ ARCHIE R. BOGGS 

ADMINISTRATIVE LAW JUDGE 

Dated: Ld_ June 2002 

New Orleans, Louisiana