u.s. department of homeland security united states coast guard uscg drug & alcohol program...

U.S. Department ofHomeland Security

United StatesCoast Guard

USCG Drug & Alcohol Program

Compliance Requirements



Regulations

33 CFR Part 95

46 CFR Part 4

46 CFR Part 16

49 CFR Part 40



What do I need?

Drug & Alcohol PolicyConduct Drug Testing

– Pre-employment Testing – Periodic Testing– Random Testing– Serious Marine Incident Testing– Reasonable Cause Testing

Employee Assistance Program (EAP)Management Information System (MIS) Report

Records



DHHS 5 Panel Drug Screen

Tests for:

Marijuana

Cocaine

Opiates

Phencyclidine (PCP)

Amphetamines



Pre-employment

All personnel who perform “Safety Sensitive Duties”.

Background checks with former DOT employersMust be tested with negative result prior to

beginning work.Exemptions:

1) Passed a chemical test required by 46CFR16 within the previous 6 months or,

2) Been subject to random testing for at least 60 of the previous 185 days and did not refuse to test or failed a test.



Periodic Testing

Applies to all licensed/documented mariners when applying for renewal / endorsements / upgrades.

Applies to individuals applying for original license / documents.

Exemptions:1) Passed a chemical test required by 46 CFR 16

within the previous 6 months or,2) Been subject to random testing for at least 60 of the

previous 185 days and did not refuse to test or failed a test.



Random Testing

50% annual testing requirement

All personnel filling “Safety-Sensitive Positions” must be eligible for selection each time

The person choosing the date and time of testing cannot be subject to the requirements.

Random tests must be spread out evenly throughout the year.



Serious Marine Incident Testing

Casualty resulting in:1. Death

2. Injury needing medical treatment beyond first aid

3. Damage in excess of $100,000

4. Actual /constructive loss of vessel

5. Injury which renders individual unfit to perform routine duties

6. 10,000 gallon oil spill or more

7. Hazmat spill of a reportable quantity



SMI Testing Continued

Must test all persons directly involved

Must be tested by the Marine Employer

Individuals must provide sample

Use form CG-2692B

Personnel tested for drugs (32hr) and alcohol (2hr)



Reasonable Cause Testing

When should testing occur?Reasonable and articulable belief that the

individual has used a dangerous drug based on direct observation of specific, contemporaneous physical, behavioral, or performance indicators of probable use

The Marine Employer has the authority to require testing.



Employee Assistance Program

Marine Employer shall provide for all employees

Must include training on the effects & consequences of drug use as well as signs of intoxication

Display informational material

Display hotline assistance number

Display Company Drug and Alcohol Policy

Supervisors must receive 60 minutes of training



Management Information System (MIS) Report

Required of all marine employers with one exception*.

Submit to: Commandant (G-MOA)

2100 Second Street, SW

Washington, DC 20593-0001

Due by March 15th of each year

Can submit via Internet at http://damis.dot.gov/



Records

Employer responsibility.

Maintain records in a location with controlled access.

A service agent may maintain these records. Records can be produced at your principal place of business within two business days.



All contracts with Service Agents (C/TPAs; MRO; Collection facilities; Laboratory, SAP, Others).

Designated Employer Representative (DER) Designation

EAP Training Records– Employee drug awareness– Supervisor

Maintain copy of MIS reports.

Records



Records

Maintain records of chemical tests with non-negative results for five years (Includes: documentation of refusals to take required alcohol and/or drug tests; substituted or adulterated drug test results);.– SAP reports; and– All follow-up tests and schedules for follow-up

tests.



Records

Drug and alcohol testing previous history requests AND replies. Maintain for 3 years from date of employment.

Maintain records of chemical tests with negative results for 1 year.



What are your options?

Join a Consortium / Third Party Administrator (C/TPA) Drug and Alcohol Program Management Company

Run your own Drug Program



Audits

Audit for employer belonging to a consortium

Audit for an employer run program

Expect them periodically

* UPV Dockside Exams are not audits



Non-Compliance

Up to 30 days to come into compliance

If still not compliant – one or more of the following:Letter of Warning

Captain of the Port Order to stop operations

Suspension/Revocation of license

Civil penalties- $5,500 per day per violation



For Your Information

Current Code of Federal Regulations http://www.gpoaccess.gov/ecfr

G-MOA drug and alcohol test website includes: regs, forms, audit sheets, commonly asked questions, etc. www.uscg.mil/hq/g-m/moa/dapip.htm

DOT regs at http://www.dot.gov/ost/dapc/



Contact Information

LT Nick Neely907-463-2465

Email: [email protected]

Fax: 907-463-2472

Mailing address:2760 Sherwood Lane, Suite 2A

Juneau, AK 99801



Questions?

u.s. department of homeland security united states coast guard uscg drug & alcohol program...

Documents

time of testing

annual testing requirement

hr slide

chemical test

reportable quantity

random tests

marine employer individuals

dangerous drug