StatA

CFR-2001-title46-vol1-sec4-06-60.pdf

Marine Casualty Information & Periodic Chemical Drug and Alcohol Testing of Commercial Vessel Personnel

StatA

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Coast Guard, DOT

§ 4.07–1
by paragraph (a) of this section shall be
appended to Form CG–2692.
(c) In incidents involving discharges
of oil or hazardous substances as described in § 4.03–2 (b) and (c) of this
part, when Form CG–2692 is not required to be submitted, the report required by paragraph (a) of this section
shall be submitted to the Coast Guard
Officer in Charge, Marine Inspection,
having jurisdiction over the location
where the discharge occurred or nearest the port of first arrival following
the discharge.
(d) Upon receipt of the report of
chemical test results, the marine employer shall submit a copy of the test
results for each person listed on the
CG–2692B to the Coast Guard Officer in
Charge, Marine Inspection to whom the
CG–2692B was submitted.
(e) The Commandant may approve alternate electronic means of submitting
reports and test results as required
under paragraphs (a) through (d) of this
section.

expeditious means, but need not be
shipped in a cooled condition for overnight delivery.
[CGD 86–067, 53 FR 47078, Nov. 21, 1988, as
amended by USCG–2000–7759, 66 FR 42967,
Aug. 16, 2001]

§ 4.06–50 Specimen analysis and follow-up procedures.
(a) Each laboratory will provide
prompt analysis of specimens collected
under this subpart, consistent with the
need to develop all relevant information and to produce a complete analysis report.
(b) Reports shall be sent to the Medical Review Officer meeting the requirements of 49 CFR 40.121, as designated by the marine employer submitting the specimen for testing.
Wherever a urinalysis report indicates
the presence of a dangerous drug or
drug metabolite, the Medical Review
Officer shall review the report as required by 49 CFR part 40, subpart G,
and submit his or her findings to the
marine employer. Blood test reports indicating the presence of alcohol shall
be similarly reviewed to determine if
there is a legitimate medical explanation.
(c) Analysis results which indicate
the presence of alcohol, dangerous
drugs, or drug metabolites shall not be
construed by themselves as constituting a finding that use of drugs or alcohol was the probable cause of a serious marine incident.

[CGD 86–067, 53 FR 47078, Nov. 21, 1988, as
amended by CGD 97–057, 62 FR 51041, Sept. 30,
1997; USCG–1999–6216, 64 FR 53223, Oct. 1, 1999]

Subpart 4.07—Investigations
§ 4.07–1 Commandant or District Commander to order investigation.
(a) The Commandant or District
Commander upon receipt of information of a marine casualty or accident,
will immediately cause such investigation as may be necessary in accordance
with the regulations in this part.
(b) The investigations of marine casualties and accidents and the determinations made are for the purpose of
taking appropriate measures for promoting safety of life and property at
sea, and are not intended to fix civil or
criminal responsibility.
(c) The investigation will determine
as closely as possible:
(1) The cause of the accident;
(2) Whether there is evidence that
any failure of material (either physical
or design) was involved or contributed
to the casualty, so that proper recommendations for the prevention of
the recurrence of similar casualties
may be made;
(3) Whether there is evidence that
any act of misconduct, inattention to

[CGD 86–067, 53 FR 47078, Nov. 21, 1988, as
amended by CGD 90–053, 58 FR 31107, May 28,
1993; USCG–2000–7759, 66 FR 42967, Aug. 16,
2001]

§ 4.06–60 Submission of reports and
test results.
(a) Whenever an individual engaged
or employed on a vessel is identified as
being directly involved in a serious marine incident, the marine employer
shall complete Form CG–2692B (Report
of Required Chemical Drug and Alcohol
Testing Following a Serious Marine Incident).
(b) When the serious marine incident
requires the submission of Form CG–
2692 (Report of Marine Casualty, Injury
or Death) to the Coast Guard in accordance with § 4.05–10, the report required

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