Post-Accident Drug and Alcohol Testing for Mariners: The 2-Hour and 32-Hour Windows That Trip Up Vessel Owners

This is the part of the program most marine employers don't think about until they need it. Here is what 46 CFR Part 4, Subpart 4.06 actually requires, in plain English, with the deadlines you need to keep in your wheelhouse.

What Counts as a "Serious Marine Incident"

Post-accident testing is only triggered by an SMI — not every bump, scrape, or near miss. Under 46 CFR 4.03-2, an SMI is a marine casualty or accident reportable to the Coast Guard that involves any of the following:

• One or more deaths.
• An injury to a crewmember, passenger, or other person that requires professional medical treatment beyond first aid and, for someone employed on board, renders them unfit for routine vessel duties.
• Property damage in excess of $200,000.
• Actual or constructive total loss of any inspected vessel.
• Actual or constructive total loss of any self-propelled, non-inspected vessel of 100 gross tons or more.
• A discharge of 10,000 gallons or more of oil into U.S. navigable waters.
• A release of a reportable quantity of a hazardous substance into the navigable waters or environment of the United States.

The Two Clocks: 2 Hours for Alcohol, 32 Hours for Drugs

Once an SMI has occurred (or is likely to become one), 46 CFR 4.06-3 sets two separate deadlines:

Who Gets Tested

The rule applies to "individuals directly involved" — and that phrase is broader than people often assume. Under 46 CFR 4.06-3, this means any person whose order, action, or failure to act is determined to have caused or contributed to the SMI, or whose involvement cannot be ruled out as a cause or contributing factor.

1. 1

   It is not limited to credentialed mariners or to the crew. Any person on board who fits the 'directly involved' definition is in scope.

2. 2

   The marine employer makes the determination. Done thoughtfully and in writing, with the facts known at the time.

3. 3

   When in doubt, test. If you cannot rule someone out as a contributing factor, the regulation expects them to be tested. It is easier to defend a test that turned out to be unnecessary than to defend a non-test that turned out to be required.

What If You Can't Test Within the Windows

Sometimes you cannot. A vessel is on fire. Someone is being medevac'd. The crew is the search-and-rescue team.

The regulation accounts for this. If safety concerns directly related to the SMI prevent collection within the deadlines, you complete the test as soon as those concerns are addressed. If, despite reasonable effort, the test was not collected at all, the marine employer must document the reason on Forms CG-2692 and CG-2692B.

What to Do: Bottom Line

Before an incident ever happens, make sure your program can answer four questions in the moment:

1. 1
   Who calls it.

   Who on your team has the authority to declare an SMI and start the testing clock? It should be one named person, with a backup, reachable 24/7.

2. 2
   Where the kits are.

   For each vessel and route, where does the collection kit live, and how long does it take to get a covered person to a qualified collector within 2 hours (alcohol) and 32 hours (drugs)?

3. 3
   Who collects.

   What qualified collectors and breath alcohol technicians (BATs) are reachable from your operating area? Pre-position those relationships.

4. 4
   Who tells the story.

   Who will complete the CG-2692 / CG-2692B documentation, including any non-collection justification? That person should have a written template ready, not be drafting from scratch at 2 a.m.

Frequently Asked Questions