NTSB (Spring 94)

In the recent Marine Accident Report on the collision between a tug and tow, and a containership in the Houston ship channel (PB93-916402 NTSB/MAR-93/02 adopted December 8, 1993) the NTSB stated:

Title 33 CFR Part 95 and 46 CFR Parts 4 and 16 set forth regulations regarding chemical testing for drug and alcohol use while operating vessels. Title 33 CFR 95.035 empowers law enforcement officers, including the Coast Guard officers and marine employers to direct and individual involved in a marine casualty to be tested…

Title 46 CFR Part 4.06 assigns the marine employer the primary responsibility for having the individual(s) involved tested…

The Safety Board believes that delays of up to 18 hours in sample collection [are] excessive. Current Federal regulations require that an individual provide appropriate specimens only "as soon as practicable"…The Board has recommended 4 hours as the maximum time allowed for obtaining specimens.

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