Stat/Authority

Coast Guard, DHS

§ 16.230

(b) 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; CGD 95–028, 62 FR
51196, Sept. 30, 1997]

§ 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.

dwashington3 on PRODPC61 with CFR

[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
test for dangerous drugs. The applicant
shall provide the results of the test to
the Coast Guard Regional Examination
Center (REC) at the time of submitting
an application. The test results must

be completed and dated not more than
185 days prior to submission of the application.
(b) Unless excepted under paragraph
(c) of this section, each pilot required
by this subchapter to receive an annual
physical examination must pass a
chemical test for dangerous drugs as a
part of that examination. The individual shall provide the results of each
test required by this section to the
REC when the pilot applies for a license renewal or when requested by the
Coast Guard.
(c) An applicant need not submit evidence of passing a chemical test for
dangerous drugs required by paragraph
(a) or (b) of this section if he or she
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 chemical tests during the remainder of the 6-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.
(d) Except as provided by paragraph
(b) of this section, an applicant is required to provide the results of only
one chemical test for dangerous drugs
when multiple transactions are covered
by or requested in a single application.
[CGD 91–223, 60 FR 4525, Jan. 23, 1995]

§ 16.230 Random testing requirements.
(a) Marine employers shall establish
programs for the chemical testing for
dangerous drugs on a random basis of
crewmembers on inspected vessels who:
(1) Occupy a position, or perform the
duties and functions of a position, required by the vessel’s Certificate of Inspection;
(2) Perform the duties and functions
of patrolmen or watchmen required by
this chapter; or,
(3) Are specifically assigned the duties of warning, mustering, assembling,
assisting, or controlling the movement
of passengers during emergencies.
(b) Marine employers shall establish
programs for the chemical testing for
dangerous drugs on a random basis of

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