(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.
Terms Used In 46 CFR 16.201
- Credential: means any or all of the following:
(1) Merchant mariner's document. See 46 CFR 10.107
- Fails a chemical test for dangerous drugs: means that the result of a chemical test conducted under 49 CFR part 40 was reported as "positive" by a Medical Review Officer because the chemical test indicated the presence of a dangerous drug at a level equal to or exceeding the levels established in 49 CFR part 40. See 46 CFR 10.107
- Year: means 360 days for the purpose of complying with the service requirements of this subchapter. See 46 CFR 10.107
(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 revocation proceedings against his or her credential under 46 CFR part 5.
(d) If an individual who does not hold a credential fails a chemical test for dangerous drugs, the individual shall be denied employment as a crewmember or removed from duties which directly affect the safe operation of the vessel as soon as possible.
(e) An individual who has failed a required chemical test for dangerous drugs may not be re-employed aboard a vessel until the requirements of paragraph (f) of this section and 46 CFR Part 5, if applicable, have been satisfied.
(f) Before an individual who has failed a required chemical test for dangerous drugs may return to work aboard a vessel, the MRO must determine that the individual is drug-free and the risk of subsequent use of dangerous drugs by that person is sufficiently low to justify his or her return to work. In addition, the individual must agree to be subject to increased unannounced testing–
(1) For a minimum of six (6) tests in the first year after the individual returns to work as required in 49 CFR part 40; and
(2) For any additional period as determined by the MRO up to a total of 60 months.
[CGD 86-607, 53 FR 47049, Nov. 11, 1988, as amended by CGD 90-014, 56 FR 31034, July 8, 1991; USCG-2000-7759, 66 FR 42968, Aug. 16, 2001; USCG-2006-24371, 74 FR 11264, Mar. 16, 2009]