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USCG Exam Practice · Drug testing — pre-employment, random, post-incident

A marine employer operates both inspected and uninspected vessels and is subject to random drug testing rules of two different DOT agencies. One DOT agency regulates 60 percent of a particular crewmember's function at the required rate of 25 percent; the other DOT agency requires 50 percent. At what rate must this crewmember be tested?

  1. A50 percent, because the employer must always apply the highest rate established by any DOT agency to which it is subject.
  2. B25 percent, because the DOT agency regulating more than 50 percent of the crewmember's function sets the applicable rate.✓ correct
  3. C37.5 percent, which is the average of the two applicable rates.
  4. D50 percent, because USCG regulations always supersede other DOT agency rates for maritime personnel.

Why B is correct

46 CFR §16.230(i) states that when a crewmember is subject to random drug testing under more than one DOT agency for the same employer, the crewmember is tested at the rate established by the DOT agency regulating more than 50 percent of the crewmember's function. Here that agency requires 25 percent, so that is the applicable rate.

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A marine employer operates both inspected and uninspected vessels a… — USCG Exam Practice · CaptainsGround