Drug testing — pre-employment, random, post-incident

46 CFR §16.101

§ 16.101 § 16.101 Purpose of regulations. (a) The regulations in this part provide a means to minimize the use of intoxicants by merchant marine personnel and to promote a drug free and safe work environment. (b) These regulations prescribe the minimum standards, procedures, and means to be used to test for the use of dangerous drugs. (c) As part of a reasonable cause drug testing program established pursuant to this part, employers may test for drugs in addition to those specified in this part only with approval granted by the Coast Guard under 49 CFR part 40 and for substances for which the Department of Health and Human Services has established an approved testing protocol and positive threshold.

46 CFR §16.113

§ 16.113 § 16.113 Chemical drug testing. (a) Drug testing programs required by this part must be conducted in accordance with 49 CFR part 40, Procedures for Transportation Workplace Testing Programs. This subpart summarizes the responsibilities of credentialed mariners, marine employers, MRO, SAP and other chemical testing service providers in 49 CFR part 40. The regulations in 49 CFR part 40 should be consulted to determine the specific procedures which must be established and utilized. Drug testing programs required by this part must use only drug testing laboratories certified by the Department of Health and Human Services (DHHS). (b) Each specimen collected in accordance with this part will be tested, as provided in 49 CFR 40.85, for the following: (1) Marijuana; (2) Cocaine; (3) …

46 CFR §16.201

§ 16.201 § 16.201 Application. (a) Chemical testing of personnel must be conducted as required by this subpart and in accordance with the procedures detailed in 49 CFR part 40. (b) If an individual fails a chemical test for dangerous drugs under this part, the individual will be presumed to be a user of dangerous drugs. (c) If an individual holding a credential fails a chemical test for dangerous drugs, the individual's employer, prospective employer, or sponsoring organization must report the test results in writing to the nearest Coast Guard Officer in Charge, Marine Inspection (OCMI). The individual must be denied employment as a crewmember or must be removed from duties which directly affect the safe operation of the vessel as soon as practicable and is subject to suspension and rev…

46 CFR §16.210

§ 16.210 § 16.210 Pre-employment testing requirements. (a) No marine employer shall engage or employ any individual to serve as a crewmember unless the individual passes a chemical test for dangerous drugs for that employer. (b) An employer may waive a pre-employment test required for a job applicant by paragraph (a) of this section if the individual provides satisfactory evidence that he or she has: (1) Passed a chemical test for dangerous drugs, required by this part, within the previous six months with no subsequent positive drug tests during the remainder of the six-month period; or (2) During the previous 185 days been subject to a random testing program required by § 16.230 for at least 60 days and did not fail or refuse to participate in a chemical test for dangerous drugs requi…

46 CFR §16.230

§ 16.230 § 16.230 Random testing requirements. Link to an amendment published at 89 FR 102340, Dec. 17, 2024.(a) Marine employers shall establish programs for the chemical testing for dangerous drugs on a random basis of crewmembers on inspected vessels who: (1) Occupy a position, or perform the duties and functions of a position, required by the vessel's Certificate of Inspection; (2) Perform the duties and functions of patrolmen or watchmen required by this chapter; or, (3) Are specifically assigned the duties of warning, mustering, assembling, assisting, or controlling the movement of passengers during emergencies. (b) Marine employers shall establish programs for the chemical testing for dangerous drugs on a random basis of crewmembers on uninspected vessels who: (1) Are required…

46 CFR §16.240

§ 16.240 § 16.240 Serious marine incident testing requirements. The marine employer shall ensure that all persons directly involved in a serious marine incident are chemically tested for evidence of dangerous drugs and alcohol in accordance with the requirements of 46 CFR 4.06.