USCG Exam PracticeChemical testing after a marine casualty
Under 46 CFR §16.250, a marine employer's decision to require reasonable cause drug testing of a crewmember must be based on which of the following?
- A. A written complaint from another crewmember alleging drug use
- ✓ A reasonable and articulable belief based on direct observation of specific, contemporaneous physical, behavioral, or performance indicators of probable useCorrect
- C. Suspicion arising from the crewmember's prior drug test history
- D. An anonymous tip received by the vessel's owner or managing operator
Why B is correct
46 CFR §16.250(b) requires the employer's decision to be based on a reasonable and articulable belief derived from direct observation of specific, contemporaneous physical, behavioral, or performance indicators. Prior history, written complaints, or anonymous tips do not satisfy this standard.
Cited:46 CFR §16.250