reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 62 - Qualifications and Examination of Pilots › Section LXX-6205 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  applicant must be of good moral character. An applicant shall be required to
				  submit to a background check conducted by the Jefferson Parish Sheriff's
				  office. An applicant shall sign all pertinent authorization forms allowing the
				  board to obtain and verify the authenticity of all documents submitted to the
				  board.
B. An applicant must have
				  been a registered voter of the State of Louisiana for the preceding two
				  consecutive years prior to submitting an application.
C. An applicant shall submit proof of a
				  current satisfactory United States Coast Guard approved physical (Merchant
				  Mariner Physical Examination Report). Upon notification of an impending NOBRA
				  selection of apprentices, the applicant shall submit to a physical examination
				  administered by an Examiner appointed physician specializing in occupational
				  medicine no more than 40 days prior to the selection.
D. An applicant must not have reached his
				  forty-fifth birthday prior to the date of selection into the Pilot Development
				  Program.
E. An applicant shall
				  submit evidence of satisfactory completion of training programs approved by the
				  board for the following courses of instruction:
1. bridge resource management;
2. basic ship handling (5 day);
3. radar observer;
4. advanced firefighting; and
5. CPR.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 62 - Qualifications and Examination of Pilots › Section LXX-6206 - Licenses/Education/Experience

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				  the above, an applicant must submit satisfactory proof of the following
				  licensing, education and experience criteria.
1. An applicant must hold at least a current
				  First Class Pilots License, Any Gross Tons, upon the Lower Mississippi River
				  from Chalmette, Louisiana to Baton Rouge Railroad and Highway Bridge at Baton
				  Rouge, Louisiana, including physical, and, at least, either a Master of Steam
				  or Motor Vessels; or Master of Towing Vessels; or Third Mate; or an equivalent
				  or greater United States Coast Guard license.
a. Notwithstanding Paragraph A.1 of this
				  Section, an applicant with first class pilotage from mile marker 92.7 AHP to
				  mile marker 225 AHP shall be eligible for selection into the Pilot Development
				  Program. However, an applicant selected for the Pilot Development Program shall
				  be required to obtain first class pilotage from mile marker 88.0 AHP to Baton
				  Rouge Railroad and Highway Bridge prior to commissioning.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 62 - Qualifications and Examination of Pilots › Section LXX-6207 - Notice of Apprentice Selection

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  At least 40 days prior to an apprentice selection, NOBRA must inform the board,
				  in writing, that a selection will be held and the date of the
				  selection.
B. At least 35 days
				  prior to the apprentice selection, the board will advertise the date of the
				  apprentice selection, as well as the deadline for submission of application
				  materials, in at least two periodicals, one of which shall have a circulation
				  of the greater New Orleans area and one of which shall have a circulation of
				  the greater Baton Rouge area. In addition, all relevant dates will be posted on
				  the boards website.
C. At least 30
				  days prior to the apprentice selection, the board will give notice, via U.S.
				  Mail, to all applicants of the date of the selection and the deadline for
				  submitting documentation in support of their application.
D. The deadline for submitting an application
				  and supporting documentation, shall be 3 p.m., 20 days prior to the apprentice
				  selection.
E. At least 18 days
				  prior to the apprentice selection, the board will forward to NOBRA a list of
				  all qualified candidates who meet the criteria for selection, as enumerated in
				  the boards rules.
F. At the
				  conclusion of a NOBRA apprentice selection, NOBRA shall provide the board, in
				  writing, a list of those candidates selected for admission into the Pilot
				  Development Program as an Apprentice Pilot. The board shall unilaterally
				  determine the maximum number apprentices admitted into the Pilot Development
				  Program at any given time. After receipt of notification from NOBRA, the board
				  will notify the selected applicant via U.S. Mail of the time, date and location
				  of the commencement of the Pilot Development Program.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 62 - Qualifications and Examination of Pilots › Section LXX-6208 - Expiration of Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Following an apprentice selection, all unselected applications on file with the
				  board will be deemed expired and destroyed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 62 - Qualifications and Examination of Pilots › Section LXX-6209 - Pilot Development Program

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The Pilot Development Program is a mandatory program administered by the board
				  for all Association selected applicants wherein each applicant must
				  successfully and satisfactorily perform such duties, receive training and
				  instruction, meet required standards, pass examinations and obtain such
				  licensure as determined by the board. The program will last not less than four
				  calendar years and be comprised of an apprentice period and a deputy pilot
				  period. Successful completion of the program is required prior to the board
				  approving the deputy pilot for unrestricted pilot status.
1. The board shall determine the number of
				  selected applicants admitted into the Pilot Development Program at any given
				  time.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 62 - Qualifications and Examination of Pilots › Section LXX-6210 - Examination by the Board of Examiners; Recommendation to Governor

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to be
				  recommended to the governor for commissioning as a pilot, all apprentices must
				  complete an examination to be conducted by the board as a practicum, orally,
				  written or a combination thereof. This examination shall test the apprentice's
				  knowledge of pilotage and demonstrate the apprentice's proficiency and
				  capability to serve as a state commissioned pilot.
B. The board shall certify to the governor
				  for consideration to be commissioned as a New Orleans and Baton Rouge steamship
				  pilot those apprentices who satisfactorily complete all requirements
				  established by state law and these rules and who successfully complete the
				  examination(s) given by the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 62 - Qualifications and Examination of Pilots › Section LXX-6211 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is understood
				  that any provision and/or requirement herein that is deemed invalid or
				  unenforceable, for any reason whatsoever, may be severed from the whole and
				  that the remaining provisions and/or requirements shall be deemed
				  valid.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 63 - Standards of Conduct › Section LXX-6301 - Purpose/Statement of Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. Due to the
				  safety sensitive nature of the duties performed by state commissioned pilots,
				  this board has a strong commitment to the public and maritime industry. The
				  board promulgates these standards of conduct, in order to further enhance the
				  safety and well being of the citizens of Louisiana, as well as to prevent any
				  imminent peril to public health, safety, and welfare, and to achieve and
				  maintain reliable, safe and efficient pilotage services.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 63 - Standards of Conduct › Section LXX-6302 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board hereby
				  adopts the following rules and regulations relating to all applicants,
				  apprentices, state commissioned New Orleans and Baton Rouge steamship pilots or
				  any association comprised thereof pursuant to the provisions of
				  R.S.
				  34:1041 et seq. Where applicable, any
				  conflict is to be construed and resolved in the stricter sense. To that end,
				  all current rules and regulations are adopted and incorporated herein in
				  extenso.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 63 - Standards of Conduct › Section LXX-6303 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. As mandated by
				  R.S.
				  34:1041 et seq., these rules and regulations,
				  are promulgated by the board, in accordance with the Louisiana Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., for the purpose of adopting
				  rules, regulations and requirements for pilot oversight of New Orleans and
				  Baton Rouge steamship pilots, apprentices and any association comprised
				  thereof.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 63 - Standards of Conduct › Section LXX-6304 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
				  Chapter, the following terms, unless the context otherwise requires or unless
				  redefined by a particular part hereof, shall have the following
				  meanings.
Administrative Procedure Act (APA)-
the
					 Louisiana Administrative Procedure Act,
					 R.S.
					 49:950 et seq.
Applicant -
anyperson who has submitted an
					 application to be considered for selection into the Pilot Development Program
					 for New Orleans and Baton Rouge steamship pilot(s).
Application-
the completed written
					 application including all supporting documentation supplied to the board by an
					 applicant who desires to become a New Orleans and Baton Rouge steamship
					 pilot.
Apprentice-
any person duly selected by the
					 members of NOBRA, but not yet commissioned, who is serving in the Pilot
					 Development Program.
Association
or
NOBRA-
New
					 Orleans and Baton Rouge Steamship Pilot Association.
Association Officer
-any person duly
					 elected by the members of NOBRA to serve as vice president(s),
					 secretary/treasurer or other officer of the association.
Association President
-any person duly
					 elected by the members of NOBRA to serve as president of the
					 association.
Board of Examiners
or
Board-
Board of Examiners for New Orleans and Baton Rouge
					 Steamship Pilots for the Mississippi River, as established in
					 R.S.
					 34:1041 et seq.
Deputy Pilot-
a commissioned pilot in the
					 Pilot Development Program.
Fit for Duty-
a pilot who meets the board's
					 requirements regarding licensure, physical and medical competency and is
					 current with their continuing education requirements.
Pilot-
a New Orleans and Baton Rouge
					 steamship pilot, as designated in
					 R.S.
					 34:1041 et seq.
Services of a Pilot-
any advice or
					 assistance with respect to pilotage by the commissioned pilot, including but
					 not limited to advice concerning weather, channel conditions, or other
					 navigational conditions.
VTC-
Vessel Traffic Center, or any other
					 similarly related United States Coast Guard or governmental facility,
					 institution, or program whatsoever.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 63 - Standards of Conduct › Section LXX-6305 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is understood
				  that any provision and/or requirement herein that is deemed invalid or
				  unenforceable, for any reason whatsoever, may be severed from the whole and
				  that the remaining provisions and/or requirements shall be deemed
				  valid.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 63 - Standards of Conduct › Section LXX-6306 - Violations of the Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board shall take the necessary actions for any violation of its policies, rules
				  and regulations. These actions may include referral of such pilot to the Office
				  of the Governor, if required by law, for reprimand, fine, suspension and/or
				  revocation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 63 - Standards of Conduct › Section LXX-6307 - Standards of Conduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				  may in its discretion recommend to the Office of the Governor, reprimand, fine,
				  suspension and/or revocation of a pilot, deputy pilot, or apprentice for the
				  following non-exclusive list of particulars:
1. failure to maintain, in good, valid and
				  current standing a United States Coast Guard First Class Pilot License of any
				  gross tons;
2. failure to remain a
				  qualified and registered voter of the State of Louisiana;
3. failure to successfully complete
				  continuing professional education requirements;
4. failure to maintain a current satisfactory
				  United States Coast Guard approved physical (Merchant Mariner Physical
				  Examination Report);
5. conviction
				  of any felony from any jurisdiction whatsoever;
6. any violation of the board's drug and
				  alcohol policy;
7. neglect of
				  duty;
8. failure to maintain
				  recency; and
9. any violation of
				  these rules.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 63 - Standards of Conduct › Section LXX-6308 - Obligation of Pilots

Current through Register Vol. 50, No. 6, June 20, 2024
A. Obligation
				  of safe pilotage rest entirely with each and every individual state
				  commissioned pilot. When a pilot offers themselves for any pilotage assignment,
				  such pilot certifies and warrants that they are competent, capable and
				  qualified for such assignment and will perform such assignment in compliance
				  with all applicable standards and duties.
B. A pilot who has been ill or injured to the
				  extent that the pilot has been unable to perform pilotage duties for a period
				  of 30 calendar days or longer or, who after submitting their annual physical to
				  the United States Coast Guard is notified that the Medical Evaluation Division
				  has determined that a condition exists that warrants further medical evaluation
				  shall:
1. notify the board, or arrange for it
				  to be notified as soon as possible, after the 30th day of the disability; or
				  immediately notify the board upon receipt from the United States Coast Guard
				  requiring further medical review; and
2. not resume pilotage duties until the pilot
				  has successfully completed and submitted a Merchant Mariner Physical
				  Examination Report to the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 63 - Standards of Conduct › Section LXX-6309 - Adoption of Navigational Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Pilots shall use a standard of navigation consistent with that of a prudent
				  pilot in adherence with common local practices.
B. Pilots shall use their own independent
				  judgment when piloting an assigned vessel.
C. The board does not direct or control a
				  pilot in the performance of their duties.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 63 - Standards of Conduct › Section LXX-6310 - Continuing Professional Education [Formerly Section 6311]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Every pilot seeking to maintain a pilot's
				  commission must successfully complete the following required courses every five
				  years:
a. A Bridge Resource Management
				  (B.R.M.P.) course or seminar for pilots;
b. An Emergency Ship Handling course or
				  seminar for pilots;
c. A marine
				  technical course or seminar, which includes vessel traffic service
				  training;
d. A course or seminar in
				  marine electronic navigation for pilots;
e. A course or seminar on applicable United
				  States Coast Guard navigation regulations (Rules of the Road); and
f. A course or seminar on marine incident
				  management for pilots.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 63 - Standards of Conduct › Section LXX-6311 - Mandatory Rest Period

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the
				  purpose of this rule, a turn is the time period from dispatch to the
				  termination of the allotted travel time.
B. All pilots shall have a minimum of 12
				  hours rest period between turns.
C.
				  For the purpose of this rule, the rest period begins at the termination of the
				  allotted travel time at the completion of one turn and ends at the time of
				  dispatching for the next turn.
D.
				  Notwithstanding Subsection B, the captain of the station and shift pilots shall
				  be exempt from the minimum 12 hours rest period in between turns. However, in
				  no case shall the captain of the station and shift pilots exceed 12 bridge
				  hours in any 24-hour period.
E.
				  Notwithstanding Subsection B, any pilot completing a turn lasting less than 4
				  bridge hours or receiving a discharge, shall not be required to comply with the
				  mandatory 12 hours rest period. However, in no case shall any pilot acquire
				  more than 12 hours in a 24-hour period. Pilots requesting twelve hours rest
				  period shall not be called or dispatched in less than 12 hours from the
				  completion of their finishing time.
F. Notwithstanding Subsection B, during a
				  state of declared emergency all pilots shall be exempt from the minimum 8 hours
				  rest period in between turns. However, in no case shall any pilot exceed 12
				  bridge hours in any 24-hour period.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 63 - Standards of Conduct › Section LXX-6312 - Recency Requirement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  purpose of this Section is to ensure that pilots retain their skills in ship
				  handling and maintain familiarity on the NOBRA route.
B. All pilots shall complete at least 60
				  turns each calendar year. A calendar year commences on the first of January
				  each year.
1. The president of the board and
				  the president of the association shall be exempt from the recency
				  requirement.
2. Members of the
				  examiners and association officers shall be considered recent by completing 20
				  turns or 20 observer turns each calendar year.
3. A turn shall be considered a vessel
				  transit of at least 20 miles.
4.
				  Work performed at the VTC shall not be considered as a turn for the purpose of
				  recency However, a pilot is required to be recent in order to stand watch at
				  the VTC, unless specifically waived by the board for a temporary condition not
				  effecting performance of duty.
5.
				  Notwithstanding Paragraph 4 above, work performed at the VTC shall be
				  considered as a turn for the purpose of recency for all pilots who have been
				  commissioned for 20 years or more.
6. It is the duty of any pilot who fails to
				  maintain recency to remove themselves from rotation and immediately notify the
				  board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 64 - Investigations and Enforcement › Section LXX-6401 - Purpose/Statement of Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. Due to the
				  safety sensitive nature of the duties performed by state commissioned pilots,
				  this board has a strong commitment to the public and maritime industry. In
				  accordance with state law, and in order to further enhance the safety and well
				  being of the citizens of Louisiana, as well as to prevent any imminent peril to
				  public health, safety, and welfare, and to achieve and maintain reliable, safe
				  and efficient pilotage services, the board will maintain and enforce a strict
				  policy of conducting full and complete investigations, and possible subsequent
				  referrals to the office of the governor, of any and all violations of board
				  rules and state and/or federal law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 64 - Investigations and Enforcement › Section LXX-6402 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. As mandated by
				  R.S.
				  34:1041, these rules and regulations are
				  issued by the board in accordance with the Administrative Procedure Act under
				  R.S.
				  49:950 et seq., for the purpose of adopting
				  rules, regulations and requirements for oversight of pilots, apprentices,
				  candidates or any association of pilots comprised thereof.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 64 - Investigations and Enforcement › Section LXX-6403 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is understood
				  that any provision and/or requirement herein that is deemed invalid or
				  unenforceable, for any reason whatsoever, may be severed from the whole and
				  that the remaining provisions and/or requirements shall be deemed
				  valid.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 64 - Investigations and Enforcement › Section LXX-6404 - Duty to Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. In any case,
				  where a vessel under pilotage shall go aground, or shall collide or allide with
				  any other object, or shall meet with any incident, or be injured or damaged in
				  any way, the pilot shall report the matter as follows:
1. report the incident to the nearest United
				  States Coast Guard Marine Safety Unit by way of the most expeditious means
				  available;
2. report the incident
				  by way of the most expeditious means available to NOBRA and report for
				  mandatory post incident drug and alcohol testing;
a. notify the board of the incident by way of
				  the most expeditious means available;
3. be available for interview by the board
				  and furnish complete details of the incident; and
4. submit a written report to the board as
				  soon as practical, but no later than thirty days following the
				  incident.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 64 - Investigations and Enforcement › Section LXX-6405 - Removal from Duty

Current through Register Vol. 50, No. 6, June 20, 2024
A. When any
				  examiner has reason to believe that the conduct or actions of a pilot is
				  creating a dangerous or unsafe condition, the examiner may immediately relieve
				  that pilot from duty, without the necessity of formal notice and hearing, in
				  order to protect the interests of the State of Louisiana. However, at the
				  earliest possible time, the board shall conduct an investigation of the pilot's
				  conduct, as per these rules, and conduct any necessary hearings in order to
				  protect the due process and equal protection requirements afforded the pilot by
				  the Louisiana and United States Constitutions.
B. When any examiner has reason to believe
				  that a pilot is or may be under the influence of alcohol, drugs or any other
				  stimulant or depressant or is suffering from a medical condition that may
				  affect the pilot's ability to perform their duties, the examiner shall
				  immediately relieve that pilot from pilotage duty, without the necessity of
				  formal notice and hearing, in order to protect the interests of the State of
				  Louisiana. However, at the earliest possible time, the board shall conduct an
				  investigation of the pilot's conduct or condition, as per these rules, and
				  conduct any necessary hearings in order to protect the due process and equal
				  protection requirements afforded the pilot by the Louisiana and United States
				  Constitutions.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 64 - Investigations and Enforcement › Section LXX-6406 - Investigations and Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  incidents and complaints reported to the board shall be referred for
				  investigation.
1. any source may file a sworn
				  complaint within one year of the alleged acts complained of;
2. the board shall receive any sworn
				  complaint from any source against any pilot, deputy pilot or apprentice while
				  in the performance of his duties;
3. any sworn complaint submitted by any
				  source to the board shall be typewritten and submitted on plain paper and shall
				  include the date and time of the incident, a description of what happened, the
				  type of incident, casualties, location, conditions, name of vessel piloted, if
				  known, any other vessels, structures, or objects involved, the name of the
				  pilot, if known, and any allegations against the pilot, and shall be given in
				  an authentic act in which the complainant swears to the truthfulness of the
				  allegations, subject to the penalties of perjury;
4. if a sworn complaint is not submitted in
				  the prescribed manner, the board shall return it, with an explanation of error,
				  and without prejudice to the sender to properly refile.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 64 - Investigations and Enforcement › Section LXX-6407 - Recusal

Current through Register Vol. 50, No. 6, June 20, 2024
A. No member of the
				  board shall participate in the investigation of or vote on any matter to which
				  he/she is a party to or in which he/she has a conflict of interest. In such
				  cases, he/she shall automatically be recused from participating in or voting on
				  such matters.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 65 - Drug and Alcohol Policy › Section LXX-6501 - Purpose/Statement of Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. Due to the
				  safety sensitive nature of the duties performed by pilots, the board will
				  maintain and enforce a strict policy of zero tolerance for the use of
				  prohibited drugs and the misuse of alcohol. Prohibited drugs shall not be used,
				  possessed, nor distributed by any pilot, at any time, whether on duty or off
				  duty.
B. To this end, all state
				  commissioned NOBRA pilots shall be subject to drug and alcohol testing as per
				  U.S. DOT rules ( 49 CFR Part 40) and United States Coast Guard regulations (46
				  CFR Parts 4, 5 and 16). This testing is federally mandated and all rules for
				  specimen collection, handling, testing, confirmation, reporting and medical
				  review shall be adhered to at all times. Additionally, in order to maintain its
				  policy of zero tolerance, the board hereby establishes an enhanced drug
				  screening program, over and above the federal rules. All pilots, apprentices
				  and applicants shall be subject to this enhanced drug screening program, in
				  addition to any testing required under the federal rules. As outlined below,
				  this enhanced drug screening program shall consist of screening in the
				  following situations: pre-qualification, random, post accident, reasonable
				  suspicion, return to duty and follow-up.
C. Any violation of this drug and alcohol
				  policy shall be reported to the United States Coast Guard and shall subject the
				  pilot to disciplinary action by the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 65 - Drug and Alcohol Policy › Section LXX-6502 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
				  Chapter:
Administrative Procedure Act (APA)-
the
					 Louisiana Administrative Procedure Act under
					 R.S.
					 49:950 et seq.
Alcoholic Beverage-
any fluid, or solid
					 capable of being converted into fluid, suitable for human consumption, which
					 contains ethanol; any substance that may otherwise impair or affect the ability
					 of a pilot to function in any way whatsoever.
Applicant-
any person who submits the
					 written application for admission into the Pilot Development Program.
Application-
the form supplied by the board
					 to any individual seeking selection into the Pilot Development Program.
Apprentice-
any person duly selected but
					 not yet commissioned, to serve in the Pilot Development Program.
Board of Examiners-
Board of Examiners for
					 New Orleans and Baton Rouge Steamship Pilots for the Mississippi River, as
					 established by
					 R.S.
					 34:1041 et seq.
NOBRA Pilot
or
Pilot-
a
					 commissioned Mississippi River pilot for the territory established in
					 R.S.
					 34:1041 et seq.
Drug-
any and all controlled dangerous
					 substances as defined in
					 R.S.
					 40:961(7). Drugs which are
					 illegal under federal, state, or local laws include but are not limited to,
					 marijuana, heroin, hashish, cocaine, hallucinogens, and depressants and
					 stimulants not prescribed for current personal treatment by an accredited or
					 licensed physician.
Prescription Medication-
any medication
					 distributed by or with the authorization of a licensed physician, as defined in
					 R.S.
					 40:961(33).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 65 - Drug and Alcohol Policy › Section LXX-6503 - Circumstances for Drug Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Regular and random, unannounced urine and hair drug screening shall be done at
				  a frequency designed to assure the state, shipping clients and the general
				  public that the board is dedicated in its enforcement of a zero tolerance
				  policy towards prohibited drugs and the abuse of prescription drugs.
B. Additionally, the board reserves the right
				  to require a drug screen whenever the board has reasonable suspicion a pilot is
				  under the influence of a drug. Such screen may be done by any means chosen by
				  the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 65 - Drug and Alcohol Policy › Section LXX-6504 - Urine Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any pilot
				  involved in an accident or incident while performing his duties as a pilot
				  shall be subject to a urine drug screen test, as required by these rules, U.S.
				  DOT rules and United States Coast Guard regulations. This urine drug screen
				  shall consist of an expanded screening panel designed to detect various illegal
				  drugs, and commonly abused prescription drugs, which are not detected by
				  standard U.S. DOT screens. The expanded panel shall be determined from time to
				  time at the discretion of the board. The results of all drug screens taken
				  pursuant to this paragraph shall become part of the pilot's permanent personnel
				  file.
B. In addition to these
				  required drug screens, all pilots shall be subject to random urine screening by
				  means of the expanded screening panel. This random urine screen will be at a
				  rate of a minimum of six pilots per month. The board shall design a protocol
				  for the random selection of the pilots to be tested. Failure to timely appear
				  for testing or refusing to provide proper or adequate samples will subject the
				  pilot to disciplinary action by the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 65 - Drug and Alcohol Policy › Section LXX-6505 - Hair Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every NOBRA
				  pilot shall submit to a hair drug screen on a bi-annual basis. The timing of
				  the bi-annual hair drug screens for each pilot shall be randomly selected as
				  per a protocol designed by the board. Each pilot shall appear for their hair
				  drug screen when notified to do so by the board. This hair screen is designed
				  to detect various illegal drugs, and commonly abused prescription drugs, which
				  may have been used by a pilot. Failure to timely appear for testing or refusing
				  to provide proper or adequate samples will subject the pilot to disciplinary
				  action by the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 65 - Drug and Alcohol Policy › Section LXX-6506 - Split Sample/Safety Net Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever there is a positive test result,
				  that pilot shall be entitled to split sample/referee sample testing or safety
				  net testing through the board's designated testing facilities.
B. The board shall designate, an authorized
				  testing facility or laboratory.
C.
				  The designated testing facility or laboratory shall ensure and be responsible
				  that all specimen collection and related procedures are properly followed and
				  maintained.
D. The designated
				  testing facility or laboratory shall be responsible for the safeguarding of all
				  specimen collection facilities, equipment and samples collected.
E. Samples shall be taken, witnessed and
				  handled in accordance with all applicable federal guidelines.
F. The designated testing facility or
				  laboratory shall assist in ensuring that the sample will be correctly and
				  properly transferred for testing purposes.
G. The following procedure is hereby
				  established for the testing of a split or referee urine, blood or hair sample.
1. Upon the timely request of a pilot, a
				  urine or blood specimen may be split or divided into approximately equal parts;
				  one being processed for initial laboratory testing for detection of the
				  presence of prohibited drugs or substances therein; the remaining or second
				  part shall be identified as the split or referee sample to be processed for
				  future testing under the following procedures. Failure to timely request the
				  taking of a split or referee sample shall be deemed, classified and designated
				  as a waiver of any and all rights to have a split or referee sample.
2. As to hair, upon notice that a test result
				  has been returned or reported as positive, the pilot shall have twenty-four
				  hours to notify the testing facility that the pilot requests that the referee
				  sample be properly taken and tested. Failure of the pilot to timely notify the
				  testing facility that the referee sample is to be tested shall be deemed
				  classified and designated as a waiver and forfeiture of having the referee
				  sample tested.
3. The split or
				  referee sample may, at the election of the pilot, be tested by an alternate
				  testing facility or laboratory, as pre-approved by the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 65 - Drug and Alcohol Policy › Section LXX-6507 - Effect of Positive Drug Screen/Disciplinary Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any pilot with a prohibited drug detected
				  in his system will have an opportunity to explain any medical condition which
				  may have had an effect on the test result. However, passive inhalation or
				  atmospheric contamination are not acceptable explanations for confirmed
				  positive drug tests.
B. Any
				  positive drug screen shall be reported to the United States Coast Guard and
				  will place the pilot's state commission in jeopardy. Any pilot testing positive
				  for a prohibited drug, or residual thereof, shall be removed from duty,
				  pursuant to the board's rules, pending a hearing pursuant to
				  R.S.
				  34:1042. Any pilot who presents a positive
				  drug screen shall be subject to disciplinary action by the board, including the
				  recommendation of revocation or suspension of his commission by the governor,
				  reprimand or treatment/rehabilitation. The proper disciplinary action shall be
				  determined by the board on a case by case basis. Any pilot who is required to
				  undergo evaluation and/or treatment for drug use shall do so at their personal
				  expense. In addition, the evaluation and treatment facility must be
				  pre-approved by the board.
C.
				  Refusing a drug screen, or any attempts at alteration or substitution of
				  samples is considered a violation of the federal rules, as well as this policy.
				  Any pilot who refuses to submit to a drug screen, fails to cooperate fully with
				  the testing procedures, or in any way tries to alter the test results, shall be
				  removed from duty as a pilot pursuant to the board's rules, pending a hearing
				  pursuant to
				  R.S.
				  34:1042. Furthermore, avoiding the directions
				  of the board after an incident which mandatorily requires a drug/alcohol screen
				  will be considered a refusal to test and will subject the offending pilot to
				  disciplinary action by the board.
D. In addition, if the master of a vessel
				  refuses a pilot's services due to the alleged impairment of the pilot, the
				  pilot shall immediately contact a member of the board to receive instructions
				  regarding testing. The pilot shall then immediately proceed to a testing
				  facility selected and pre-designated by the board. Furthermore, avoiding the
				  directions of the board after an incident which mandatorily requires a
				  drug/alcohol screen will be considered a refusal to test and will subject the
				  offending pilot to disciplinary action by the board.
AUTHORITY NOTE:
					 Promulgated in accordance with RS. 34:1041.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 65 - Drug and Alcohol Policy › Section LXX-6508 - Prescription Drug Use

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every pilot
				  has a duty to ascertain whether a prescription medication, legally prescribed,
				  will impair their ability to safely perform their piloting duties. If, after
				  consultation with their treating physician, a pilot reasonably believes or has
				  been informed or advised that a prescription medication may cause impairment,
				  the pilot shall inform the board and remove themselves from duty until such
				  time that their treating physician, in consultation with a physician
				  specializing in occupational medicine, to be named by the board, certifies that
				  they may return to duty or changes the medication to one which will not impair
				  the pilot.
B. If a drug screen
				  indicates the presence of a prescription drug which may impair a pilot's
				  ability to perform their piloting duties, and the pilot has not voluntarily
				  taken leave, the pilot shall be removed from duty until such time the board, in
				  consultation with a physician specializing in occupational medicine to be named
				  by the board, can determine that the pilot is fit for duty.
AUTHORITY NOTE:
					 Promulgated in accordance with RS. 34:1041.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 65 - Drug and Alcohol Policy › Section LXX-6509 - Alcohol Use

Current through Register Vol. 50, No. 6, June 20, 2024
A. No pilot shall
				  consume any alcohol within six hours before, or during, the performance of
				  their piloting duties. Alcohol testing shall be conducted following any
				  incident involving a pilot in the performance of their duties. The board and/or
				  the Board of Directors of NOBRA may also require a pilot to submit to alcohol
				  testing upon reasonable suspicion that a pilot is performing his duties while
				  under the influence of alcohol. Duty, in this case, shall be defined as the
				  time the pilot is dispatched for pilotage services. Testing positive for
				  alcohol while on duty is directly reportable to the board and is not subject to
				  review by a Medical Review Officer. Any pilot who requires medicines, such as
				  cough and cold medications, which may have a small amount of alcohol, should
				  ask their physician or pharmacist to recommend a non-alcoholic medication.
				  While the United States Coast Guard prohibits alcohol use above the level of
				  0.04 percent BAC, the board reserves the right to take disciplinary action on
				  lower alcohol levels, depending on the facts and circumstances of each
				  particular case.
B. Any positive
				  alcohol test shall be reported to the United States Coast Guard and shall place
				  the pilot's state commission in jeopardy. Any pilot testing positive for
				  alcohol shall be removed from duty pending a hearing. Any pilot with a positive
				  alcohol test shall be subject to disciplinary action. The proper disciplinary
				  action shall be determined on a case by case basis. In addition, the board may
				  require the pilot to undergo evaluation and treatment at a facility
				  pre-approved by the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041.