Chemical Testing After a Marine Casualty

TL;DR — After a serious marine incident, the marine employer must ensure that all persons directly involved are chemically tested for dangerous drugs and alcohol. A written report on Form CG-2692 must be filed within five days, and a credential holder who fails a drug test faces suspension and revocation proceedings.

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What the Rule Says

The Testing Obligation: Serious Marine Incidents

When a vessel is involved in a casualty that is, or is likely to become, a serious marine incident, the marine employer is required by law to comply with the chemical testing requirements of 46 CFR §4.06. 46 CFR §185.212 This obligation is not discretionary — the word "shall" governs. The marine employer must ensure that all persons directly involved in a serious marine incident are chemically tested for evidence of both dangerous drugs and alcohol. 46 CFR §16.240

This is a critical distinction for exam purposes: the testing requirement covers both dangerous drugs and alcohol, and it applies to all persons directly involved — not just the operator, not just credentialed personnel, but everyone directly involved in the incident.

What Substances Are Tested

Drug testing programs conducted under 46 CFR Part 16 must use only laboratories certified by the Department of Health and Human Services (DHHS), and testing must be conducted in accordance with 49 CFR Part 40. 46 CFR §16.113(a) Each specimen collected is tested for the following five substances: 46 CFR §16.113(b)

1. Marijuana 2. Cocaine 3. Opiates 4. Phencyclidine (PCP) 5. Amphetamines

Memorize this list. Exam questions frequently ask which substances are included — and which are not. Heroin is not listed by name (it falls under opiates). Barbiturates and benzodiazepines are not on this list.

Reasonable Cause Testing

Separate from post-incident testing, a marine employer must require chemical testing of any crewmember who is reasonably suspected of using a dangerous drug. 46 CFR §16.250(a) The decision to test must be based on a reasonable and articulable belief, grounded in direct observation of specific, contemporaneous physical, behavioral, or performance indicators of probable use. 46 CFR §16.250(b) Where practicable, that belief should be based on observation by two persons in supervisory positions. 46 CFR §16.250(b)

When testing is directed under reasonable cause, the individual must be informed and directed to provide a urine specimen as soon as practicable, and this fact must be entered in the vessel's official logbook if one is required. 46 CFR §16.250(c) If the individual refuses to provide a specimen, that refusal must also be entered in the official logbook. 46 CFR §16.250(d)

The Written Casualty Report

For any reportable marine casualty, the owner, master, agent, or person in charge must file a written report within five days of the casualty. 46 CFR §185.206(a) This report is filed on Form CG-2692 (Report of Marine Accident, Injury, or Death), delivered to a Coast Guard Sector Office or Marine Inspection Office. 46 CFR §185.206(a) When a serious marine incident is involved, the CG-2692 is supplemented by Form CG-2692B (Report of Required Chemical Drug and Alcohol Testing Following a Serious Marine Incident). 46 CFR §185.206(a)

Note that this written report is in addition to the immediate notice required by §185.202. However, if the written report is filed without delay after the occurrence, it may serve as the immediate notice as well. 46 CFR §185.206(b)

Documenting Drug and Alcohol Evidence in the Casualty Report

For every reportable marine casualty, the owner, agent, master, or person in charge must determine whether there is any evidence of alcohol or drug use by individuals directly involved. 46 CFR §185.210(a) The written report (Form CG-2692) must identify those individuals for whom evidence of drug or alcohol use or intoxication was obtained, and must specify the method used to obtain that evidence — whether by personal observation or chemical testing. 46 CFR §185.210(b)

If evidence of intoxication is obtained, an entry must be made in the Official Logbook (if carried). The individual must be informed of that entry, and the entry must be witnessed by a second person. 46 CFR §185.210(c)

Refusal to Submit to Chemical Testing

If an individual directly involved in a casualty refuses to submit to, or cooperate in, the administration of a timely chemical test — when directed by a Coast Guard commissioned, warrant, or petty officer, any other authorized law enforcement officer, or by the owner, agent, master, or person in charge — that refusal must be noted in the Official Logbook (if carried) and in the written report on Form CG-2692. 46 CFR §185.210(d) That refusal will be admissible as evidence in any administrative proceeding. 46 CFR §185.210(d)

Consequences of a Failed Drug Test

Failing a required chemical test carries serious consequences that differ depending on whether the individual holds a credential.

If an individual holding a credential fails a chemical test, the employer, prospective employer, or sponsoring organization must report the results in writing to the nearest OCMI. The individual must be denied employment as a crewmember or removed from duties affecting safe vessel operation as soon as practicable, and is subject to suspension and revocation proceedings under 46 CFR Part 5. 46 CFR §16.201(c)

If an individual without a credential fails a chemical test, the individual must be denied employment or removed from safety-sensitive duties as soon as possible. 46 CFR §16.201(d)

In either case, a failed test creates a presumption that the individual is a user of dangerous drugs. 46 CFR §16.201(b)

Return to Work After a Failed Test

An individual who has failed a required chemical test may not be re-employed aboard a vessel until the Medical Review Officer (MRO) determines that the individual is drug-free and that the risk of subsequent use is sufficiently low to justify return to work. 46 CFR §16.201(f) The individual must also agree to increased unannounced testing: a minimum of six tests in the first year after returning to work, and for any additional period determined by the MRO up to a total of 60 months. 46 CFR §16.201(f)(1)-(2)

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Why It Matters on the Exam

Exam questions on this topic tend to cluster around four areas:

1. Who must be tested after a serious marine incident. The answer is all persons directly involved — not just the operator or the credentialed mariner. 46 CFR §16.240 Distractors will try to limit the scope to the master or the person at the helm.

2. The five substances tested. Questions may list six substances and ask which one is NOT tested, or ask you to identify the complete list. The five are marijuana, cocaine, opiates, PCP, and amphetamines. 46 CFR §16.113(b)

3. The five-day written report requirement and the correct form. The written report is Form CG-2692, filed within five days. Serious marine incidents also require Form CG-2692B. 46 CFR §185.206(a)

4. Consequences of a failed test for a credentialed mariner. The employer must notify the OCMI in writing, the mariner must be removed from duty, and suspension and revocation proceedings follow. 46 CFR §16.201(c)

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Common Pitfalls

Confusing "serious marine incident" testing with "reasonable cause" testing. These are two distinct triggers. Serious marine incident testing is mandatory for all directly involved persons regardless of suspicion. 46 CFR §16.240 Reasonable cause testing requires a specific, articulable belief based on direct observation of physical, behavioral, or performance indicators. 46 CFR §16.250(b)

Forgetting that the written report is separate from the immediate notice. The five-day written report on Form CG-2692 is in addition to the immediate notice under §185.202 — unless the written report is filed without delay, in which case it may serve both purposes. 46 CFR §185.206(a)-(b)

Assuming refusal to test has no consequence. A refusal is documented in the Official Logbook and on Form CG-2692, and is admissible as evidence in administrative proceedings. 46 CFR §185.210(d)

Misidentifying the return-to-work threshold. The MRO — not the employer, not the OCMI — makes the determination that the individual is drug-free and the risk of reuse is sufficiently low. 46 CFR §16.201(f)

Confusing the return-to-work testing numbers. The minimum is six unannounced tests in the first year, with MRO-directed testing possible for up to 60 months total. 46 CFR §16.201(f)(1)-(2)

Overlooking the logbook witness requirement. When evidence of intoxication is obtained, the logbook entry must be witnessed by a second person, and the individual must be informed of the entry. 46 CFR §185.210(c)

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Quick Check

Q1 — After a serious marine incident, who must be chemically tested?

All persons directly involved in the serious marine incident must be chemically tested for evidence of both dangerous drugs and alcohol. 46 CFR §16.240

Q2 — List the five substances for which each specimen must be tested under 46 CFR Part 16.

Marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines. 46 CFR §16.113(b)

Q3 — Within how many days must the written report of a marine casualty be filed, and on what form?

Within five days, on Form CG-2692 (Report of Marine Accident, Injury, or Death), delivered to a Coast Guard Sector Office or Marine Inspection Office. For a serious marine incident, Form CG-2692B must also be appended. 46 CFR §185.206(a)

Q4 — A credentialed mariner fails a post-incident drug test. What must the employer do?

The employer must report the test results in writing to the nearest OCMI, deny the individual employment as a crewmember or remove the individual from duties affecting safe vessel operation as soon as practicable, and the individual is subject to suspension and revocation proceedings under 46 CFR Part 5. 46 CFR §16.201(c)

Q5 — A crewmember refuses to submit to a chemical test directed by the master following a casualty. What are the required actions?

The refusal must be noted in the Official Logbook (if carried) and in the written report on Form CG-2692. The refusal is admissible as evidence in any administrative proceeding. 46 CFR §185.210(d)

Q6 — What are the return-to-work testing requirements for an individual who failed a required drug test?

The MRO must determine the individual is drug-free and the risk of subsequent use is sufficiently low. The individual must agree to a minimum of six unannounced tests in the first year after returning to work, and to any additional testing period determined by the MRO up to a total of 60 months. 46 CFR §16.201(f)

Q7 — What standard must a marine employer meet before requiring reasonable cause drug testing of a crewmember?

The employer must have a 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. Where practicable, the observation should be made by two persons in supervisory positions. 46 CFR §16.250(b)