StatA

Coast Guard, DHS

§ 4.06–15

(ii) If safety concerns directly related
to the SMI prevent the alcohol testing
from being conducted within 2 hours of
the occurrence of the incident, then alcohol testing must be completed as
soon as the safety concerns are addressed.
(iii) Alcohol testing is not required to
be conducted more than 8 hours after
the occurrence of the SMI.
(2) Alcohol-testing devices must be
used according to the procedures specified by the manufacturer of the testing
device and by this part.
(3) If the alcohol testing required in
paragraphs (a)(1)(i) and (a)(1)(ii) of this
section is not conducted, the marine
employer must document on form CG–
2692B the reason why the testing was
not conducted.
(4) The marine employer may use alcohol-testing results from tests conducted by Coast Guard or local law enforcement personnel to satisfy the alcohol testing requirements of this part
only if the alcohol testing meets all of
the requirements of this part.
(b) Drug testing. (1) Drug testing must
be conducted on each individual engaged or employed on board the vessel
who is directly involved in the SMI.
(i) The collection of drug-test specimens of each individual must be conducted within 32 hours of when the SMI
occurred, unless precluded by safety
concerns directly related to the incident.
(ii) If safety concerns directly related
to the SMI prevent the collection of
drug-test specimens from being conducted within 32 hours of the occurrence of the incident, then the collection of drug-test specimens must be
conducted as soon as the safety concerns are addressed.
(2) If the drug-test specimens required in paragraphs (b)(1)(i) and
(b)(1)(ii) of this section were not collected, the marine employer must document on form CG–2692B the reason
why the specimens were not collected.

SMI must provide a blood, breath, saliva, or urine specimen for chemical
testing when directed to do so by the
marine employer or a law enforcement
officer.
(b) If the individual refuses to provide a blood, breath, saliva, or urine
specimen, this refusal must be noted on
form CG–2692B and in the vessel’s official log book, if a log book is required.
The marine employer must remove the
individual as soon as practical from duties that directly affect the safe operation of the vessel.
(c) Individuals subject to alcohol
testing after an SMI are prohibited
from consuming alcohol beverages for 8
hours following the occurrence of the
SMI or until after the alcohol testing
required by this part is completed.
(d) No individual may be compelled
to provide specimens for alcohol and
drug testing required by this part.
However, refusal to provide specimens
is a violation of this subpart and may
subject the individual to suspension
and revocation proceedings under part
5 of this chapter, a civil penalty, or
both.
[USCG–2001–8773, 70 FR 75961, Dec. 22, 2005]

§ 4.06–15 Accessibility of chemical testing devices.
(a) Alcohol testing. (1) The marine employer must have a sufficient number
of alcohol testing devices readily accessible on board the vessel to determine the presence of alcohol in the system of each individual who was directly involved in the SMI.
(2) All alcohol testing devices used to
meet the requirements of this part
must be currently listed on either the
Conforming Products List (CPL) titled
‘‘Modal Specifications for Devices To
Measure Breath Alcohol’’ or ‘‘Conforming Products List of Screening Devices To Measure Alcohol in Bodily
Fluids,’’ which are published periodically in the FEDERAL REGISTER by National Highway Traffic Safety Administration (NHTSA).
(3) The alcohol testing devices need
not be carried on board each vessel if
obtaining the devices and conducting
the required alcohol tests can be accomplished within 2 hours from the
time of occurrence of the SMI.

erowe on DSK5CLS3C1PROD with CFR

[USCG–2001–8773, 70 FR 75960, Dec. 22, 2005]

§ 4.06–5 Responsibility of individuals
directly involved in serious marine
incidents.
(a) Any individual engaged or employed on board a vessel who is determined to be directly involved in an

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