When an individual directly involved in a marine casualty refuses to submit to a chemical test when directed by the owner, master, or person in charge, what is the regulatory consequence of that refusal?

Question

Accepted Answer

B. The refusal must be noted in the Official Logbook if carried and in the written report on Form CG-2692, and is admissible as evidence in any administrative proceeding — 46 CFR §185.210(d) specifies that a refusal to submit to or cooperate in a timely chemical test must be noted in the Official Logbook if carried and in the written report (Form CG-2692), and will be admissible as evidence in any administrative proceeding. The regulation does not equate refusal to a positive result or mandate automatic credential suspension.

Answer

A. The refusal is treated as a positive test result and the individual is immediately presumed to be under the influence

Answer

C. The individual's credential is automatically suspended pending a hearing before the OCMI

Answer

D. The marine employer must obtain a court order before any further testing may be conducted

When an individual directly involved in a marine casualty refuses to submit to a chemical test when directed by the owner, master, or person in charge, what is the regulatory consequence of that refusal?

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