The United States Coast Guard Drug & Alcohol Testing ConsortiumThe United States Coast Guard Drug & Alcohol Testing ConsortiumUSCG-regulated employers must maintain a drug- and alcohol-testing programs under Homeland Security regulations. Employers of the Coast Guard used to adhere to DOT 49 CFR Part 40, previously administered by the Department of Transportation (DOT). However, they still adhere to these DOT regulations according to a memorandum of agreement between the Department of Homeland Security and Transportation. To obtain a Captain's license or other merchant mariner credential, you must pass an initial drug test and periodic tests every two years. The only drug testing accepted is a DOT 5 Panel (formerly NIDA 5) test for marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines. Substance Abuse and Mental Health Services Administration (SAMHSA) accreditation are required by the laboratory to which the specimen will be sent. For the results of a drug test to be deemed final, a certified medical review officer (MRO) must sign them. Drug and alcohol testing regulations by the U.S. Coast Guard are designed to prevent the use of controlled substances by merchant marine personnel and to promote a drug-free working environment in U.S. ports to ensure the safety of embarked passengers and cargo. The U.S. Coast Guard must enforce these regulations to guarantee that marine employers have taken the necessary steps to maintain a safe and drug-free workplace. This includes testing employees when necessary and in the manner described in the regulations. To achieve a drug-free workplace, the employer must implement a program that serves as a strong deterrent for illegal use of controlled substances by covered crewmembers. Compliance with Title 46 CFR Parts 4 and 16 for Coast Guard Drug Testing
If an individual with a license, COR, or MMD issued by the Coast Guard tests positive for drugs, the employer must report the results in writing. Generally, drug testing occurs with urine samples, whereas alcohol testing may occur with breath or blood samples in the marine industry. The DOT 49 CFR 40 guidelines must be followed. The marine employer requires employee Assistance Programs (EAP). This EAP must include education and training. There are severe consequences for employers whose employees test positive for drugs or alcohol. DOT procedures in 49 CFR 40 require that urine samples for drug testing be analyzed by labs certified by Health and Human Services (HHS). Testing conducted under these regulations is limited to five dangerous drugs (marijuana (THC), cocaine (COC), opiates (OPI), amphetamines (AMP), phencyclidine (PCP)), and alcohol. Reasons Why Coast Guard Drug Testing Needs Medical Review OfficersAs part of the drug testing program, the MRO is also required. Laboratory results are communicated to the MRO by the laboratory. As the recipient of laboratory results, the MRO has many responsibilities, including: Reviewing any tests that have been substituted or manipulated Any non-negative drug test result must be discussed with the specimen donor beforehand. Verify that the use of controlled substances causes all positive results illegally Ensure that the test results are accurate and not affected by errors in chain-of-custody or any other administrative error. Make sure the test result is accurate. Part 40 of the 49 CFR requires MROs to be qualified. Once a licensed physician or D.O. completes DOT training, they may legitimately request DOT drug tests from SAMHSA accredited laboratories. To maintain DOT qualification, MROs are required to complete continuing education courses. It is also essential to inform the MRO you select that you are an employer in the marine industry. Ask them whether they are familiar with the Coast Guard's return-to-duty procedures and the MRO's role in returning a mariner to duty who has a non-negative test result. Consequently, it could pose a problem if the MRO is unfamiliar with these specific Coast Guard requirements. Marine employers may be reluctant to become MRO clients due to the unique conditions for returning to work. Who may be tested by the Coast Guard?Drug and alcohol drug testing is mandatory for crew members performing safety-sensitive duties. These duties include, but are not limited to: Controlling and operating lifesaving equipment Any operational duty regarding safety of crew or passengers Controlling and operating firefighting equipment Passing out life jackets Directing and mustering passengers in emergencies
***Positions that require the person filling the position to perform safety-sensitive duties or operate the vessel on an emergency-only or routine basis are classified as safety-sensitive positions. Examples of this crew member include card dealers, bartenders, game operators, and service personnel on excursion and gaming vessels. Each person who fills a safety-sensitive position is subject to U.S. Coast Guard drug and alcohol tests. Safety sensitive positions are filled by all crewmembers who are responsible for the safe handling of passengers.*** Enforcement of ViolationsThere are severe consequences for violating the regulations. When non-compliance with Coast Guard chemical testing regulations occurs, the following enforcement actions may be taken: Civil Penalty for first-time violators may be assessed of up to $5,500.00 per violation, per day CG-835 (deficiency ticket) may be issued Letter of Warning Captain of the Port (COTP) order may be issued (prohibiting the operation of the vessels involved until compliance is gained) Certificate of Inspection (COI) may be removed or not issued Suspension and Revocation (S & R) proceedings may be initiated against any individual’s license, MMD, or COR Your business can suffer serious repercussions if you fail to comply. You cannot ensure compliance with the USCG-required drug and alcohol testing program until you take the proper steps now. Get expert assistance by contacting I Drug Screen. Click below to enroll today!With over 40 years in business thanks to our loyal clients, we are here for you! |
