StatA

§ 16.109

46 CFR Ch. I (10–1–12 Edition)

minimum: Information about the organization and the proposed written company policy concerning stand-down.
Specific elements required in the written waiver request are contained in 49
CFR 40.21(c).
[USCG-2000–7759, 66 FR 42967, Aug. 16, 2001, as
amended by USCG–2009–0702, 74 FR 49225,
Sept. 25, 2009]

§ 16.109 Public
(PIE).

Interest

Exclusion

Service agents are subject to Public
Interest Exclusion (PIE) actions in accordance with 49 CFR Part 40, subpart
R. The PIE is an action which excludes
from participation in DOT’s drug and
alcohol testing program any service
agent who, by serious noncompliance
with this part or with 49 CFR part 40,
has shown that it is not currently acting in a responsible manner.
[USCG-2000–7759, 66 FR 42968, Aug. 16, 2001]

§ 16.113

Chemical drug testing.

(a) Drug testing programs required
by this part must be conducted in accordance with 49 CFR part 40, Procedures for Transportation Workplace
Testing Programs. This subpart summarizes the responsibilities of documented and licensed mariners, marine
employers, MRO, SAP and other chemical testing service providers in 49 CFR
part 40. The regulations in 49 CFR part
40 should be consulted to determine the
specific procedures which must be established and utilized. Drug testing
programs required by this part must
use only drug testing laboratories certified by the Department of Health and
Human Services (DHHS).
(b) Each specimen collected in accordance with this part will be tested,
as provided in 49 CFR 40.85, for the following:
(1) Marijuana;
(2) Cocaine;
(3) Opiates;
(4) Phencyclidine (PCP); and
(5) Amphetamines.
[USCG-2000–7759, 66 FR 42968, Aug. 16, 2001]
EDITORIAL NOTE: At 74 FR 11264, Mar. 16,
2009, § 16.113 was amended; however, the
amendment could not be incorporated due to
inaccurate amendatory instruction.

§ 16.115

Penalties.

Violation of this part is subject to
the civil penalties set forth in 46 U.S.C.
2115. Any person who fails to implement or conduct, or who otherwise
fails to comply with the requirements
for chemical testing for dangerous
drugs as prescribed under this part, is
liable to the United States Government
for a civil penalty of not more than
$5,000 for each violation. Each day of a
continuing violation will constitute a
separate violation.
[USCG-2000–7759, 66 FR 42968, Aug. 16, 2001]

Subpart B—Required Chemical
Testing
§ 16.201

Application.

(a) Chemical testing of personnel
must be conducted as required by this
subpart and in accordance with the
procedures detailed in 49 CFR part 40.
(b) If an individual fails a chemical
test for dangerous drugs under this
part, the individual will be presumed to
be a user of dangerous drugs.
(c) If an individual holding a credential fails a chemical test for dangerous
drugs, the individual’s employer, prospective employer, or sponsoring organization must report the test results in
writing to the nearest Coast Guard Officer in Charge, Marine Inspection
(OCMI). The individual must be denied
employment as a crewmember or must
be removed from duties which directly
affect the safe operation of the vessel
as soon as practicable and is subject to
suspension and revocation proceedings
against his or her credential under 46
CFR part 5.
(d) If an individual who does not hold
a credential fails a chemical test for
dangerous drugs, the individual shall
be denied employment as a crewmember or removed from duties which
directly affect the safe operation of the
vessel as soon as possible.
(e) An individual who has failed a required chemical test for dangerous
drugs may not be re-employed aboard a
vessel until the requirements of paragraph (f) of this section and 46 CFR
Part 5, if applicable, have been satisfied.

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Coast Guard, DHS

§ 16.220

(f) Before an individual who has
failed a required chemical test for dangerous drugs may return to work
aboard a vessel, the MRO must determine that the individual is drug-free
and the risk of subsequent use of dangerous drugs by that person is sufficiently low to justify his or her return
to work. In addition, the individual
must agree to be subject to increased
unannounced testing—
(1) For a minimum of six (6) tests in
the first year after the individual returns to work as required in 49 CFR
part 40; and
(2) For any additional period as determined by the MRO up to a total of
60 months.
[CGD 86–607, 53 FR 47049, November 11, 1988,
as amended by CGD 90–014, 56 FR 31034, July
8, 1991; USCG-2000–7759, 66 FR 42968, Aug. 16,
2001; USCG–2006–24371, 74 FR 11264, Mar. 16,
2009]

§ 16.203 Employer, MRO, and SAP responsibilities.
(a) Employers. (1) Employers must ensure that they and their crewmembers
meet the requirements of this part.
(2) Employers are responsible for all
the actions of their officials, representatives, and agents in carrying out the
requirements of this part.
(3) All agreements and arrangements,
written or unwritten, between and
among employers and service agents
concerning the implementation of DOT
drug testing requirements are deemed,
as a matter of law, to require compliance with all applicable provisions of
this part and DOT agency drug testing
regulations. Compliance with these
provisions is a material term of all
such agreements and arrangements.
(b) Medical Review Officer (MRO). (1)
Individuals performing MRO functions
must meet the training requirements
and follow the procedures in 49 CFR
Part 40.
(2) MROs may report chemical drug
test results to the Coast Guard for unemployed, self-employed, or individual
mariners.
(c) Substance Abuse Professional (SAP).
Individuals performing SAP functions
must meet the training requirements
and follow the procedures in 49 CFR
Part 40.
[USCG-2000–7759, 66 FR 42968, Aug. 16, 2001]

§ 16.205 Implementation
testing programs.

of

chemical

(a) When a vessel owned in the
United States is operating in waters
that are not subject to the jurisdiction
of the United States, the testing requirements of §§ 16.210 and 16.230 do not
apply to a citizen of a foreign country
engaged or employed as pilot in accordance with the laws or customs of that
foreign country.
(b) Upon written request of an employer, Commandant (CG–INV) will review the employer’s chemical testing
program to determine compliance with
the provisions of this part.
[CGD 90–014, 56 FR 60930, Nov. 29, 1991, as
amended by 59 FR 62226, Dec. 2, 1994; CGD 95–
072, 60 FR 50461, Sept. 29, 1995; CGD 96–041, 61
FR 50726, Sept. 27, 1996; CGD 95–028, 62 FR
51196, Sept. 30, 1997; USCG–2009–0702, 74 FR
49225, Sept. 25, 2009]

§ 16.210 Pre-employment
quirements.

testing

(a) No marine employer shall engage
or employ any individual to serve as a
crewmember unless the individual
passes a chemical test for dangerous
drugs for that employer.
(b) An employer may waive a pre-employment test required for a job applicant by paragraph (a) of this section if
the individual provides satisfactory
evidence that he or she has:
(1) Passed a chemical test for dangerous drugs, required by this part,
within the previous six months with no
subsequent positive drug tests during
the remainder of the six-month period;
or
(2) During the previous 185 days been
subject to a random testing program
required by § 16.230 for at least 60 days
and did not fail or refuse to participate
in a chemical test for dangerous drugs
required by this part.
[CGD 90–053, 58 FR 31107, May 28, 1993, as
amended by CGD 93–051, 59 FR 28792, June 3,
1994]

§ 16.220

Periodic testing requirements.

(a) Except as provided by paragraph
(c) of this section and § 10.227(e) of this
chapter, an applicant must pass a
chemical test for dangerous drugs for—
(1) An original issuance of a license,
COR, MMD, or MMC;

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