Stat/Authority

Coast Guard, DOT

§ 16.220

under this part was required to implement the pre-employment testing program required by this part not later
than July 21, 1989, and the serious marine incident and reasonable cause
testing programs required by this part
not later than December 21, 1989. The
random testing program required by
this part shall be implemented not
later than October 1, 1991.
(b) Each employer who employs from
11 to 50 employees required to be tested
under this part was required to implement the pre-employment, serious marine incident and reasonable cause
testing programs required by this part
not later than December 21, 1989. The
random testing program required by
this part shall be implemented not
later than October 1, 1991.
(c) Each employer who employs 10 or
fewer employees required to be tested
under this part was required to implement the pre-employment, serious marine incident and reasonable cause
testing programs required by this part
not later than December 21, 1990. The
random testing program required by
this part shall be implemented not
later than October 1, 1991.
(d) [Reserved]
(e) The periodic testing requirements
of § 16.220 apply to physical examinations performed after December 21,
1990.
(f) 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.
(g) Upon written request of an employer, Commandant (G–MOA) will review the employer’s chemical testing
program to determine compliance with
the provisions of this part.
[CGD 90–014, 56 FR 60930, Nov. 30, 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]

§ 16.207 Conflict with foreign laws.
(a) This part shall not apply to any
person for whom compliance with this
part would violate the domestic laws or
policies of another country.

(b) This part is not effective until
January 2, 1997, with respect to any
person onboard U.S. vessels in waters
that are subject to the jurisdiction of a
foreign government. On or before December 1, 1996, the Commandant shall
issue any necessary amendment resolving the applicability of this part to
such person on and after January 2,
1997.
[CGD 86–067, 53 FR 47079, Nov. 21, 1988, as
amended by CGD 86–067e, 56 FR 18983, Apr. 24,
1991; CGD 86–067f, 57 FR 31275, July 14, 1992;
CGD 94–106, 59 FR 65501, Dec. 20, 1994; CGD 95–
090, 60 FR 67063, Dec. 28, 1995]

§ 16.210 Pre-employment testing requirements.
(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 §§ 10.209(h) and
12.02–9(f) of this subchapter, an applicant for an original issuance or a renewal of a license or a certificate of
registry (COR), a raise in grade of a license, a higher grade of COR, an original issuance of a merchant mariner’s
document (MMD), the first endorsement as an able seaman, lifeboatman,
qualified member of the engine department, or tankerman, or a reissuance of
an MMD with a new expiration date
shall be required to pass a chemical

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