Stat/Authority

§ 16.240

46 CFR Ch. I (10–1–98 Edition)

DOT agency for the same marine employer, the crewmember shall be subject to random drug testing at the percentage rate established for the calendar year by the DOT agency regulating more than 50 percent of the crewmember’s function.
(j) If a marine employer is required
to conduct random drug testing under
the drug testing rules of more than one
DOT agency, the marine employer
may—
(1) Establish separate pools for random selection, with each pool containing the covered crewmembers who are
subject to testing at the same required
rate; or
(2) Randomly select such crewmembers for testing at the highest percentage rate established for the calendar year by any DOT agency to
which the marine employer is subject.
(k) An individual may not be engaged
or employed, including self-employment, on a vessel in a position as master, operator, or person in charge for
which a license or merchant mariner’s
document is required by law or regulation unless all crewmembers covered
by this section are subject to the random testing requirements of this section.
[CGD 90–014, 56 FR 31034, July 8, 1991, as
amended by 59 FR 62227, Dec. 2, 1994]

§ 16.240 Serious marine incident testing requirements.
The marine employer shall ensure
that all persons directly involved in a
serious marine incident are chemically
tested for evidence of dangerous drugs
and alcohol in accordance with the requirements of 46 CFR 4.06.
§ 16.250 Reasonable cause testing requirements.
(a) The marine employer shall require any crewmember engaged or employed on board a vessel owned in the
United States that is required by law
or regulation to engage, employ or be
operated by an individual holding a license, certificate of registry, or merchant mariner’s document issued under
this subchapter, who is reasonably suspected of using a dangerous drug to be
chemically tested for dangerous drugs.
(b) The marine employer’s decision
to test must be based on a reasonable

and articulable belief that the individual has used a dangerous drug based on
direct observation of specific, contemporaneous physical, behavioral, or performance indicators of probable use.
Where practicable, this belief should be
based on the observation of the individual by two persons in supervisory positions.
(c) When the marine employer requires testing of an individual under
the provisions of this section, the individual must be informed of that fact
and directed to provide a urine specimen as soon as practicable. This fact
shall be entered in the vessel’s official
log book, if one is required.
(d) If an individual refuses to provide
a urine specimen when directed to do
so by the employer under the provisions of this section, this fact shall be
entered in the vessel’s official log
book, if one is required.
§ 16.260

Records.

(a) Employers shall maintain records
of chemical tests which the Medical
Review Officer reports as positive for a
period of at least 5 years and shall
make these records available to Coast
Guard officials upon request. Records
of tests reported as negative shall be retained for one year.
(b) The records shall be sufficient to:
(1) Satisfy the requirements of
§§ 16.210(b) and 16.220(c) of this part.
(2) Identify the total number of individuals chemically tested annually for
dangerous drugs in each of the categories of testing required by this part
including the annual number of individuals failing chemical tests and the
number and types of drugs for which
individuals tested positive.
[CGD 86–067, 53 FR 47079, Nov. 21, 1988, as
amended by CGD 91–223, 60 FR 4526, Jan. 23,
1995]

Subpart C—Standards for Chemical Testing for Dangerous
Drugs
§ 16.301 Procedures for Transportation
Workplace Drug Testing Programs.
Drug testing programs subject to this
part shall be conducted in accordance
with 49 CFR part 40, Procedures for

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