What Must a Marine Employer Do When a Crewmember May Be Intoxicated?

Marine employers carry specific duties under 33 CFR part 95 when a crewmember may be impaired by alcohol or drugs. Part 95 defines a marine employer as the owner, managing operator, charterer, agent, master or person in charge of a vessel other than a recreational vessel (33 CFR 95.010). These duties sit beside the drug testing program in 46 CFR part 16, covered in USCG crewmember drug testing.

Operating rules on inspected vessels. On a vessel inspected, or subject to inspection, under Chapter 33 of Title 46, a crewmember (including an officer), a pilot, or a watchstander who is not a regular crew member must not perform or attempt to perform scheduled duties within four hours of consuming alcohol. The individual must not be intoxicated at any time aboard and must not consume an intoxicant while on watch or duty. A legal prescription or non-prescription drug may be used if it does not cause intoxication (33 CFR 95.045).

Due diligence. The marine employer must exercise due diligence to assure compliance with part 95. If the marine employer has reason to believe that an individual is intoxicated, it must not allow that individual to stand watch or perform other duties (33 CFR 95.050). The trigger in 33 CFR 95.050(b) is reason to believe the individual is intoxicated, and the rule does not tie that duty to a chemical test result.

Reasonable cause chemical tests. A marine employer may direct a chemical test when the individual was directly involved in a marine casualty or is suspected of violating the alcohol or state standards described in the FAQ on Coast Guard alcohol limits for vessel operators. The individual must be told of the test and directed to take it as soon as practicable. When the test rests on a suspected violation, the employer's decision should, when practicable, rest on observation by two persons (33 CFR 95.035). The reasonable suspicion documentation FAQ covers how to record those observations.

Refusals. If an individual refuses or does not cooperate with a timely chemical test directed by the marine employer based on reasonable cause, evidence of the refusal is admissible in any administrative proceeding (33 CFR 95.040(b)).

Drug testing on reasonable cause. On vessels required to be operated by credentialed mariners, 46 CFR 16.250 separately requires the marine employer to drug test any crewmember reasonably suspected of using a dangerous drug. The decision must rest on a reasonable and articulable belief drawn from direct observation of specific, contemporaneous physical, behavioral or performance indicators, observed where practicable by two supervisors. The test and any refusal are entered in the official logbook if one is required.

Practical steps. Masters and supervisors should know the four-hour rule, the signs of intoxication, and how to remove a crewmember from watch. Company policies may set stricter alcohol limits, since part 95 does not restrict an employer's authority to limit or prohibit alcohol on board (33 CFR 95.001(b)). Post-casualty duties are covered in USCG serious marine incident testing.