maritime drug testing, pre-employment, Coast Guard licensing

We know regulations are a pain in the ass. But, we are going to make it simple and inexpensive to keep you in compliance cause your license was too hard to get, to risk losing it.

We'll assume you are here because USCG told you that you need to be in compliance. They were right, we can and will get you covered!

If its Monday - Friday between 9 - 5 Eastern Time. Call us, so we may explain how easy we can cover you. 1-800-468-7447

COAST GUARD BOARDINGS

We get many phone calls each week saying, "The Coast Guard just stopped me about not being in a random maritime drug program. I told them I didn't know anything about it.". Let us repeat an old truism that you have heard often in your lifetime. It goes thusly, The Coast Guard/DOT mandatory maritime drug program requires a standardized drug test (DOT - 7) to be given at certain specific times and at certain unannounced times.

These are:
1. Pre-employment [drugs only]
2. Periodic: Coast Guard licensing (and Z-card), renewals and issuing [drugs only]
3. Serious Marine Incident or Post-accident [drugs, alcohol]
4. Reasonable cause (reasonably suspected) [drugs only]
5. Random (50% tested unannounced per year) [drugs only]

Of the five situations noted here, the two offering the most confusion to the small boat operator are pre- employment and random. The others seem to be self explanatory

A pre-employment test is required when someone is hired to work on a boat in a position that involves vessel or passenger safety .

PRE-EMPLOYMENT EXEMPTIONS
A cook on a small tugboat or barmaid on a gambling vessel may be exempt. A fishing charter mate who takes care of baiting and rigging trolling lines, if expected to handle dock lines or take the wheel for a few minutes to relieve the Captain, must have a pre-employment drug test. An individual who operates his own small boat for charter is not exempt from pre-employment. On the other hand, it might be assumed that when he acquired his original Coast Guard license he was also planning to go in business and may consider the periodic test supplied for licensing, to serve two purposes including pre- employment. Therefore, depending on when taken and for what purpose, some of the drug tests diagramed here may serve more than one purpose.

A random test program is required for all licensed officers on vessels that require a license to operate. It also includes all crew members working on those boats requiring a licensed officer. Because the pre-employment test is given with notice it does not replace the need for a random program to exist. However, a random program, if already in place, may be used in lieu of a pre- employment test.

EXAMPLES
We offer some hypothetical situations that may explain it more clearly;

Captain Jack runs an 18 passenger sightseeing pontoon boat out of Bill's Pass Marina. While he runs the boat himself, licensed by the Coast Guard, he does hire deckhands on an occasional basis. Besides keeping the boat clean they assist in making sure the passengers don't fall overboard. While they do not carry a Z-card they are required to be covered by a random drug program as is Captain Jack. Additionally, it is Captain Jack's responsibility to see to a pre-employment drug test for these deckhands. Had they been covered (in a specific period) by a random program in their last job, this could have been used in lieu of a pre-employment drug test.

Occasionally, Captain Shorty uses his 22 foot Aquasport to take four people out charter fishing on weekends. This requires a 6-Pak license (OUPV). Once in awhile he takes his 3teenage son along as an assistant/ deckhand to steer the boat while he helps the passengers rig their lines. By law, Captain Shorty and his son must be pre-employment tested as well as covered by a random program. Obviously it is not an easy project in this situation. The drug laws were written for large and small companies but not very specific in family situa- tions. How does Captain Shorty randomly select himself and his son? Does he flip a coin and say, , "Oops, it's your turn this time."

The easy answer to the question is joining a drug consortium program that offers simple solutions to these seemingly complex problems. APCA started a random drug consortium program to solve some of the confusion.

PRE- EMPLOYMENT
1. Direction and procedures for implementation of the pre-employment chemical testing program (46 CFR 16.210). Those having been tested under a pre-employment or periodic program in the past six months, or covered under another random program for 60 days out of the last 185 days may be exempt from this element. (46 CFR 16.230)

PERIODIC

2. A periodic test (46 CFR 16.220) will not be necessary for the person who has taken a pre-employment in the past six months or has been, and is, enrolled in a random program for more than 60 days. A copy of the applicable regulations are included in the APCA Maritime Drug Program Compliance Kit.

3. All persons directly involved in a serious marine incident (accident, oil spill, etc. ) must be tested for drugs and alcohol as required by 46 CFR 4.06. Since the APCA Maritime Drug Program Compliance Kit is being offered to U.S.A. domestically operated marine enterprises and not to vessels with unrestricted ocean or overseas route, it is assumed that collection kits for drug and alcohol are obtainable within 24 hours from the time of incident. This will preclude the necessity for carrying collection kits onboard. Instructions on the regulations, and information on additional costs for this coverage, are included in the APCA Maritime Drug Program Compliance Kit.

Serious Marine Incident or Post Accident Procedures For Drug Testing

American Professional Captains Association Drug Consortium (APCA-DC) provides information on collection sites for post - accident or for - cause situations. Since this involves accidents and not pre - planned events, there is no formal system that can be standing -by every hour of the night on every dock in the country. For that reason APCA-DC does not require its clients to prepay for the service.

All of APCA-DC collection sites will be available 9 a.m. to 5 p.m on weekdays. An emergency number is provided for night and weekend emergencies to offer guidance in obtaining a drug screen that may be required by the Coast Guard. In some cases, APCA-DC may be able to reach a collector in the immediate area to provide the service.

REASONABLE CAUSE
4. Reasonable cause testing (46 CFR 16.250) requires that any crew members, including officers, who are reasonably suspected of using a dangerous drug will be tested. Timing for, logging of, and procedures to be followed are supplied in the APCA Maritime Drug Program Compliance Kit.

RANDOM
5. Marine employers shall establish programs for the chemical testing for dangerous drugs on a random basis (46 CFR 16.230) of crew members (including licensed officers) on both inspected and uninspected vessels. They may enroll in a program offered by a consortium which includes random testing.

APPROVED LAB
The complete program as offered will use DOT and DHHS approved testing laboratories and their collection stations (49 CFR 40).

MRO
APCA will use selected Medical Review Officers (MRO) meeting the qualifications of 49 CFR 40.33.

EMPLOYEE ASSISTANCE PROGRAM
In addition to the stated requirements for testing in the five categories, each marine employer is required to provide an Employee Assistance Program (EAP) which has two elements; 1. education and 2. training.

EAP EDUCATION
1. EAP education must include display and distribution of informational material including community service hotline telephone number as well as employer's policy regarding drug and alcohol use aboard the vessel. The APCA Maritime Drug Program Compliance Kit includes a selection of pamphlets dealing with substance abuse at work, the Drug Free Workplace Act, EAP's, and a policy decal indicating Zero Tolerance for drugs aboard the vessel. National hotline numbers for crew member drug assistance are supplied in wallet size cards for convenience. Local numbers of drug assistance agencies may be added to the card by employer.

EAP TRAINING
2. An EAP training program must be conducted for the employer's crew members and supervisory personnel. The APCA Maritime Drug Program Compliance Kit
contains brochures and publications that include; the effects and consequences of drug and alcohol use on personal health, safety in the work environment; the manifestations and behavioral signs that may indicate drug and alcohol use and abuse. Compliance forms to log this training are in the kit.
This all inclusive package is undergoing Coast Guard review to assure compliance with the letter of the law and all recent interpretations of the regulations. Although many mariners may feel intimidated by this package, it is, by Coast Guard mandate, a requirement for compliance with the drug laws for the maritime industry .

PUNISHMENT

The one unsaid element to this program is failing a drug test or refusing one of the elements of thetests stated herein will lead to revocation of license or Z-card.

PRICES
The bottom line for cost for licensed boat operators or persons they employ is:

For PRE-EMPLOYMENT Drug Test AND 1 year free enrollment in APCA Maritime Drug Testing Program $75. APCA Drug Testing Program ONLY, $75 per year. Yearly Renewals $60...

Compliance Kit including enrollment in the random maritime drug program of the consortium. Ideally suited for the small company and the self-employed licensed boat operators, both full and part time.

Licensed officers who have previously tested in conjunction with an original license or renewal may already meet the requirements for a pre-employment drug screen. This would not meet eligability for continued employement and would require APCA Drug Testing Program ONLY.

RECORD KEEPING for registered companies only.
The APCA Maritime Drug Program Compliance Kit includes the required record keeping and reports (MIS) to the Coast Guard in a timely manner .

QUESTIONS & ANSWERS

Q I hold a 6-pack license and take out paid fishing parties three times a year. Do I nee to be in a random program?
A Yes you do and if you take your son along as a mate, he needs to be under a random maritime drug program also. If your wife goes along to mix drinks and serve lunch, and if she is not tasked with any line handling or safety responsibility, she may be exempt.

Q The people in my boat company joined an expensive random maritime drug program in Baltimore. Is it easy to convert to a less expensive program?
A It sure is. Just telI the new program when the one you are in expires and they can pick up coverage from that date immediately.

Q I'm a one man, one boat operation. Do I need a pre-employment maritime drug test?
A If it was your intent to go into business when you took a test for the license you hold or for its renewal, then you meet the requirements for the pre-employment drug test. Since it was your intention to go into business with that license and you eventually did, it can be considered your pre-employment test.

Q I use different crew members on a part time basis in my small charter operation. Do they have to be drug tested or under a random program?
A Yes and yes. The problem is not unique and many ask the same question. The Coast Guard's easy answer would be to have a group of people available to you that have been pre-employment tested and currently under a random program.
In truth, this is tough proposition to financially justify and so the question is can you get away with it if you gamble with the crew members that don't meet these requirements?
The answer to this is that the penalty of the fine and possible action against your license is not worth the gamble.

Q Since some of the other programs say that APCA's program is too cheap to be any good, how do you respond?
A At $75, APCA shows a small profit at the end of the year. As a service organization without the need to show a huge profit they are able to pass the savings of quantity testing on to the mariner . You know that complaints of a competitor's low prices always makes the complainer suspect.

Q Does the requirement for an EAP mean that I must continue to employ and pay for rehabilitation of a crew member who does dope?
A No and no. The EAP program requires that you supply some basic information to the crew about drug abuse and how to deal with it. Most posted company policies clearly state that if you do drugs you will be terminated. There is no requirement by the Coast Guard, other than informing them of this, that you spend time or money on rehabilitation.