APCA Maritime Drug Testing
ANOTHER ATTEMPT AT A PLAIN LANGUAGE INTERPRETATION OF THE COAST GUARD REGULATIONS PERTAINING TO MARITIME DRUG TESTING.
While we have expended an extensive amount of space in the past, on explaining the maritime drug laws, the number of questions we receive from those who have just learned of it indicates that we have a lot more explaining to do.
COAST
GUARD BOARDINGS
We get many phone calls each week saying, "The Coast Guard just stopped me about not being in a random maritime drug program. I told them I didn't know anything about it.". Let us repeat an old truism that you have heard often in your lifetime. It goes thusly, The Coast Guard/DOT mandatory maritime drug program requires a standardized drug test (DOT -5) to be given at certain specific times and at certain unannounced times.
These
are:
1.
Pre-employment [drugs only]
2. Periodic: Coast Guard licensing (and Z-card), renewals
and issuing [drugs only]
3. Post-accident [drugs, alcohol]
4. Reasonable cause (reasonably suspected) [drugs only]
5. Random (50% tested unannounced per year) [drugs only]
Of the five situations noted here, the two offering the
most confusion to the small boat operator are pre- employment
and random. The others seem to be self explanatory
A pre-employment test is required when someone is hired
to work on a boat in a position that involves vessel or
passenger safety .
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PRE-EMPLOYMENT
EXEMPTIONS
A
cook on a small tugboat or barmaid on a gambling vessel
may be exempt. A fishing charter mate who takes care of
baiting and rigging trolling lines, if expected to handle
dock lines or take the wheel for a few minutes to relieve
the Captain, must have a pre-employment drug test. An individual
who operates his own small boat for charter is not exempt
from pre-employment. On the other hand, it might be assumed
that when he acquired his original Coast Guard license he
was also planning to go in business and may consider the
periodic test supplied for licensing, to serve two purposes
including pre- employment. Therefore, depending on when
taken and for what purpose, some of the drug tests diagramed
here may serve more than one purpose.
A
random test program is required for all licensed officers
on vessels that require a license to operate. It also includes
all crew members working on those boats requiring a licensed
officer. Because the pre-employment test is given with notice
it does not replace the need for a random program to exist.
However, a random program, if already in place, may be used
in lieu of a pre- employment test.
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EXAMPLES
We
offer some hypothetical situations that may explain it more
clearly;
Captain
Jack runs an 18 passenger sightseeing pontoon boat out of
Bill's Pass Marina. While he runs the boat himself, licensed
by the Coast Guard, he does hire deckhands on an occasional
basis. Besides keeping the boat clean they assist in making
sure the passengers don't fall overboard. While they do
not carry a Z-card they are required to be covered by a
random drug program as is Captain Jack. Additionally, it
is Captain Jack's responsibility to see to a pre-employment
drug test for these deckhands. Had they been covered (in
a specific period) by a random program in their last job,
this could have been used in lieu of a pre-employment drug
test.
Occasionally,
Captain Shorty uses his 22 foot Aquasport to take four people
out charter fishing on weekends. This requires a 6-Pak license
(OUPV). Once in awhile he takes his 3teenage son along as
an assistant/ deckhand to steer the boat while he helps
the passengers rig their lines. By law, Captain Shorty and
his son must be pre-employment tested as well as covered
by a random program. Obviously it is not an easy project
in this situation. The drug laws were written for large
and small companies but not very specific in family situa-
tions. How does Captain Shorty randomly select himself and
his son? Does he flip a coin and say, , "Oops, it's
your turn this time."
The
easy answer to the question is joining a drug consortium
program that offers simple solutions to these seemingly
complex problems. APCA started a random drug consortium
program to solve some of the confusion.
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THE KIT CONTAINS:
PRE-
EMPLOYMENT
1.
Direction and procedures for implementation of the pre-employment
chemical testing program (46 CFR 16.210). Those having been
tested under a pre-employment or periodic program in the
past six months, or covered under another random program
for two months out of the last six months may be exempt
from this element.)
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PERIODIC
 2.
A periodic test (46 CFR 16.220) will not be necessary for
the person who has taken a pre-employment in the past six
months or has been, and is, enrolled in a random program
for more than 60 days. A copy of the applicable regulations
are included in the APCA Maritime Drug Program Compliance
Kit.
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ACCIDENT
3. All persons directly involved in a serious marine incident
(accident, oil spill, etc. ) must be tested for drugs and
alcohol as required by 46 CFR 4.06. Since the APCA Maritime
Drug Program Compliance Kit is being offered to U.S.A.domestically
operated marine enterprises and not to vessels with unrestricted
ocean or overseas route, it is assumed that collection kits
for drug and alcohol are obtainable within 24 hours from
the time of incident. This will preclude the necessity for
carrying collection kits onboard. Instructions on the regulations,
and information on additional costs for this coverage, are
included in the APCA Maritime Drug Program Compliance Kit.
Post Accident Procedres For Drug Testing
American Professional Captains Association Drug Consortium (APCA-DC) provides
information on collection sites for post - accident or for - cause situations.
Since this involves accidents and not pre - planned events, there
is no formal system that can be standing -by every hour of the night
on every dock in the country. For that reason
APCA-DC does not require its clients to prepay for the service.
All of APCA-DC collection sites will be available 9 a.m. to 5 p.m on weekdays.
An emergency number is provided for night and weekend emergencies
to offer guidance in obtaining a drug
screen that may be required by the Coast Guard.
In some cases, APCA-DC may be able
to reach a collector in the immediate
area to provide the service.
Since this is not a paid or pre-planned service,
it may be more advantageous to
report to the emergency room at the local hospital
and ask that they perform the test
when required by the Coast Guard.
When using the APCA-DC service for post accident during
normal hours,
call 1-800-468-7447.
and at
other times
1-888-599-4889. Please provide
the name and contact number of the Coast
Guard person requesting the test.
For after hours and weekend accidents call
(727) 599-4888
SAP Contact Information: 1-800-468-7447.
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Documents
APCA Documentation
 APCA
Contract
Controlled
Substance Poster
Controlled Substance Policy
Serious
Marine Incident Poster Of Information
CFR Regulations
NEW
- Drug Testing Regulation
46 CFR Part 16
46 CFR Part 4 (Marine
Accident)
46 CFR Part 5
33
CFR part 95
49
CFR part 40
Other Documents
Drug Testing Form
License Renewal Checklist
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REASONABLE
CAUSE
4. Reasonable cause testing (46 CFR 16.250) requires that
any crew members, including officers, who are reasonably
suspected of using a dangerous drug will be tested. Timing
for, logging of, and procedures to be followed are supplied
in the APCA Maritime Drug Program Compliance Kit.
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RANDOM
5. Marine employers shall establish programs for the chemical
testing for dangerous drugs on a random basis (46 CFR 16.230)
of crew members (including licensed officers) on both inspected
and uninspected vessels. They may enroll in a program offered
by a consortium which includes random testing.
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APPROVED
LAB
The
complete program as offered will use DOT and DHHS approved
testing laboratories and their collection stations (49 CFR
40).
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MRO
APCA will use selected Medical Review Officers (MRO) meeting
the qualifications of 49 CFR 40.33.
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EMPLOYEE
ASSISTANCE PROGRAM
In addition to the stated requirements for testing in the
five categories, each marine employer is required to provide
an Employee Assistance Program (EAP) which has two elements;
1. education and 2. training.
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EAP EDUCATION
1.
EAP education must include display and distribution of informational
material including community service hotline telephone number
as well as employer's policy regarding drug and alcohol
use aboard the vessel. The APCA Maritime Drug Program Compliance
Kit includes a selection of pamphlets dealing with substance
abuse at work, the Drug Free Workplace Act, EAP's, and a
policy decal indicating Zero Tolerance for drugs aboard
the vessel. National hotline numbers for crew member drug
assistance are supplied in wallet size cards for convenience.
Local numbers of drug assistance agencies may be added to
the card by employer.
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EAP
TRAINING
2.
An EAP training program must be conducted for the employer's
crew members and supervisory personnel. The APCA Maritime
Drug Program Compliance Kit
contains brochures and publications that include; the effects
and consequences of drug and alcohol use on personal health,
safety in the work environment; the manifestations and behavioral
signs that may indicate drug and alcohol use and abuse.
Compliance forms to log this training are in the kit.
This all inclusive package is undergoing Coast Guard review
to assure compliance with the letter of the law and all
recent interpretations of the regulations. Although many
mariners may feel intimidated by this package, it is, by
Coast Guard mandate, a requirement for compliance with the
drug laws for the maritime industry .
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PUNISHMENT
 The
one unsaid element to this program is failing a drug test
or refusing one of the elements of thetests stated herein
will lead to revocation of license or Z-card.
Included in this website is a print outof the regulations
pertaining to drug testing proceedures.
46 CFR Part 16
46 CFR Part 4 (Marine Accident)
46 CFR Part 5
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PRICES
The bottom line for cost for licensed boat operators or
persons they employ is:
A. $49 per for the APCA Maritime Drug Program
Compliance Kit including enrollment in
the random maritime drug program of the consortium. Ideatly suited for the small company
and the self-employed licensed boat operators, both full and part time.
Licensed officers who have previously tested in conjunction
with an original license or renewal may already meet the
requirements for a pre-employment drug screen.
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RECORD
KEEPING
The APCA Maritime Drug Program Compliance Kit includes the
required record keeping and reports (MIS) to the Coast Guard
in a timely manner .
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QUESTIONS
& ANSWERS
 Q
I hold a 6-pack license and take out paid fishing parties
three times a year. Do I nee to be in a random program?
A Yes you do and if you take your son along as a mate, he needs to be under a random maritime drug program also. If your wife goes along to mix drinks and serve lunch, and if she is not tasked with any line handling or safety responsibility, she may be exempt.
Q The people in my boat company joined an expensive random maritime drug program in Baltimore. Is it easy to convert to a less expensive program?
A
It sure is. Just telI the new program when the one you are
in expires and they can pick up coverage from that date
immediately.
Q I'm a one man, one boat operation. Do I need a pre-employment maritime drug test?
A If it was your intent to go into business when you took a test for the license you hold or for its renewal, then you meet the requirements for the pre-employment drug test. Since it was your intention to go into business with that license and you eventually did, it can be considered your pre-employment test.
Q
I use different crew members on a part time basis in my
small charter operation. Do they have to be drug tested
or under a random program?
A Yes and yes. The problem is not unique and many
ask the same question. The Coast Guard's easy answer would
be to have a group of people available to you that have
been pre-employment tested and currently under a random
program.
In truth, this is tough proposition to financially justify
and so the question is can you get away with it if you gamble
with the crew members that don't meet these requirements?
The answer to this is that the penalty of the fine and possible
action against your license is not worth the gamble.
Q
Since some of the other programs say that APCA's program
is too cheap to be any good, how do you respond?
A At $49, APCA shows a small profit at the end of
the year. As a service organization without the need to
show a huge profit they are able to pass the savings of
quantity testing on to the mariner . You know that complaints
of a competitor's low prices always makes the complainer
suspect.
Q Does the requirement for an EAP mean that I must continue to employ and pay for rehabilitation of a crew member who does dope?
A No and no. The EAP program requires that you supply
some basic information to the crew about drug abuse and
how to deal with it. Most posted company policies clearly
state that if you do drugs you will be terminated. There
is no requirement by the Coast Guard, other than informing
them of this, that you spend time or money on rehabilitation.
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FOR MORE INFORMATION CALL: (727) 521-4830
or 1-800-468-7447
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