The Coast guard in the late 1980’s enacted regulations (46 CFR 4,5, and 16) to identify persons who use drugs or are under the influence of alcohol. The purpose was to reduce use of intoxicants by seagoing personnel and promote a safe working environment.
The manner in which this policy was implemented was to requre periodic chemical testing. Tests were to be performed on some individuals for pre-employment, periodic, random, post accident and for just cause. Persons who failed the tests could be denied or removed from employment and in some cases, the Coast Guard would take action against the license or merchant mariner’s document the individual held.
This article will address only the application of the regulations to "post accident" conditions since it is on these occasions when litigation and the use of an expert is most likely to occur.
The requirements applied to all personnel aboard a vessel when a serious marine accident occurs. Thus it makes no difference whether the vessel is an uninspected fishing vessel or an inspected tankship.
When required:
The first step in determining whether a test is required is to look at the definition of a serious marine accident (46 CFR 4.03-2). Incidents required to be reported to the Cost Guard which result in one of the following are included:
1. One or more deaths.
2. Injury to a crewmember, passenger or other person which requires medical treatment beyond first aid, and which renders that individual unfit to perform routine duties.
3. Property damage over $100,000.
4. Loss of inspected vessel.
5. Loss of uninspected vessel of 100 GT or more.
6. Discharge of more than 10,000 gallons of oil into the navigable waters.
7. Discharge of a reportable amount of hazardous substance.
Who is tested?
All individuals who are directly involved must be tested (46 CFR 4.03-4). This includes an individual whose order, action or failure to act is determined to be, or cannot be ruled out as, a causative factor in the events leading up to or causing the incident. It is not intended that the master of a vessel, who, by virtue of his position, is responsible for the entire vessel, be tested after each serious marine incident in which his vessel is involved. Testing would only be required of the master as of any crewmember when his actions or lack of actions may be causative. Neither may it be necessary to test personnel after each material failure which may lead to a serious marine incident (e.g., the helmsman who happen to be on duty when there is a steering failure). It makes no difference whether the individual is licensed or certificated by the Coast Guard.
Responsibility
It is the responsibility of the marine employer to insure that the required tests are taken. The term, "marine employer" includes the master or person in charge of he vessel (46 CFR 4.03-45). The test must be timely given as soon after the incident as possible (46 CFR 4.06-20©). Individuals who are determined by the marine employer to be directly involved in a serious marine incident are required to provide blood and/or breath and urine samples when directed to do so by the marine employer.
The test
Urine sample kits are required to be carried aboard all vessels unless such kits can be furnished within 24 hours from shore.
The urine sample must be taken in a secure collection site where privacy is assured but there is no possibility of substitution or dilution (46 CFR 16.310). The samples must be safeguarded during temporary storage until shipped to a test laboratory, It should be handled by a minimum of personnel and a chain of custody must be maintained. This means that every time the sample is transferred form one person to another, the signature of both individuals and the time and date of transfer must be recorded and sent with the sample.
Blood and/or breath tests for alcohol are also required. However, uninspected vessels are not required to carry breath testing equipment and seldom have the capability of taking blood samples. If that ability exists, possibly because the vessel is in or arriving at a port, these tests must also be taken (46 CFR 4.06-10(b)).
Report
The report to the Coast Guard by the marine employer, normally on a CG-2692 form, of the marine incident must include the names of those personnel for whom evidence of drug or alcohol use, or evidence of intoxication, has been obtained and specify the method of obtaining such evidence such as personal observation or chemical testing (46 CFR 4.05-12).
Summary
This means that for most personal injury incidence, chemical and alcohol tests must be given to the injured person, and possibly to his coworkers and supervisor. If the tests or observations indicate use of a drug or alcohol, the name of the individual must be reported to the Coast Guard. If the incident involves a vessel casualty such as grounding or collision, the entire navigational watch should be tested.
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