Stat/Authority

§ 16.380

46 CFR Ch. I (10–1–96 Edition)

to work. In addition, the individual
shall agree to be subject to increased,
unannounced testing for a period as determined by the MRO of up to 60
months.
[CGD 86–067, 53 FR 47079, Nov. 21, 1988; 53 FR
48367, Nov. 30, 1988, as amended by CGD 90–
053, 58 FR 31107, May 28, 1993]

§ 16.380 Release of information.
(a) Except as provided for in this part
and in § 4.06–60 of this chapter, an employer shall not release individual test
results or other personal information
for anti-drug program records.
(b) Individual results from drug tests
required by this part may be released if
the individual tested signs a specific
authorization for the release of the results to an identified person.
(c) Nothing in this section shall prevent an individual tested under this
part from obtaining the results of that
test.

Subpart D—Employee Assistance
Programs
§ 16.401 Employee Assistance Program
(EAP).
The employer shall provide an Employee Assistance Program (EAP) for
all crewmembers. The employer may
establish the EAP as a part of its internal personnel services or the employer
may contract with an entity that will
provide EAP services to a crewmember.
Each EAP must include education and
training on drug use for crewmembers
and the employer’s supervisory personnel as provided below:
(a) EAP education program: Each EAP
education program must include at
least the following elements: display
and distribution of informational material; display and distribution of a
community service hot-line telephone
number for crewmember assistance,
and display and distribution of the employer’s policy regarding drug and alcohol use in the workplace.
(b) EAP training program: An EAP
training program must be conducted
for the employer’s crewmembers and
supervisory personnel. The training
program must include at least the following elements: the effects and consequences of drug and alcohol use on
personal health, safety, and work envi-

ronment; the manifestations and behavioral cues that may indicate drug
and alcohol use and abuse; and documentation of training given to crewmembers and the employer’s supervisory personnel. Supervisory personnel must receive at least 60 minutes of
training.

Subpart E—Management
Information System
§ 16.500 Management Information System requirements.
(a) All marine employers shall collect the drug and alcohol testing program data identified in this section for
each calendar year, January 1 to December 31. Marine employers shall submit this data to the Coast Guard by
March 15 of the following year. The
data shall be submitted to Commandant (G–MOA), 2100 Second Street,
SW, Washington, DC, 20593–0001.
(b) All marine employers shall collect the following drug and alcohol
testing program data:
(1) Number of covered employees.
(2) Number of covered employees subject to testing under the anti-drug
rules of more than one DOT agency because of the nature of their assigned
duties, identified by each agency.
(3) Number of drug and alcohol tests
by test type. The drug test types are
pre-employment, random, post-accident and reasonable cause. The alcohol
test types are post-accident and reasonable cause.
(4) Number of positive drug test results verified by a Medical Review Officer (MRO) by test type and type of
drug(s). Number of alcohol tests resulting in a blood alcohol concentration of
.04 percent by weight or more by test
type.
(5) Number of negatives reported by a
MRO by type of test.
(6) Number of applicants denied employment based on a positive drug test
result verified by an MRO.
(7) Number of marine employees with
a positive drug test result verified by
an MRO, who were returned to duty in
a covered position, having met the requirements of § 16.370(d) and part 5 of
this chapter.
(8) Number of marine employee drug
test results that MROs verify positive

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