What Drug and Alcohol Testing Is Required after a Serious Marine Incident?

After a serious marine incident (SMI), U.S. Coast Guard rules require the marine employer to have each person directly involved tested for drugs and alcohol under 46 CFR Subpart 4.06 (46 CFR 16.240). These rules sit beside the other USCG crewmember drug testing rules in 46 CFR Part 16.

What counts as an SMI. An SMI includes a reportable marine casualty involving a vessel in commercial service, a floating OCS facility, or a mobile offshore drilling unit (MODU) that results in any of these (46 CFR 4.03-2):

• One or more deaths
• An injury that requires professional medical treatment beyond first aid and, for a person employed on board, makes the person unfit to perform routine vessel duties
• Property damage over $200,000
• Actual or constructive total loss of an inspected vessel or MODU, or of a self-propelled uninspected vessel of 100 gross tons or more

A discharge of 10,000 gallons or more of oil into U.S. navigable waters, or a discharge or release of a reportable quantity of a hazardous substance, is also an SMI, whether or not it results from a marine casualty.

Employer duties. At the time of the event, the marine employer makes a timely, good faith determination of whether it is, or is likely to become, an SMI. If so, the employer takes all practicable steps to have each individual engaged or employed on board who is directly involved tested. The employer decides who is directly involved, and a law enforcement officer may identify more people to test. Personnel may keep performing duties needed to respond to safety concerns directly related to the incident (46 CFR 4.06-1).

Time limits (46 CFR 4.06-3):

• Alcohol testing within 2 hours of the SMI. If safety concerns directly related to the incident prevent that, testing is completed as soon as those concerns are addressed. Alcohol testing is not required more than 8 hours after the SMI.
• Drug test specimen collection within 32 hours of the SMI, with the same safety exception.

If a test is not done, the employer documents the reason on Forms CG-2692 and CG-2692B.

Specimens. Alcohol testing uses breath, blood, or saliva. Only qualified medical personnel collect blood, and only trained personnel operate the alcohol-testing device. Drug testing uses urine collected under 46 CFR Part 16 and 49 CFR Part 40 (46 CFR 4.06-20).

Individual duties. A person directly involved provides a specimen when directed by the marine employer or a law enforcement officer, and may not consume alcohol for 8 hours after the SMI or until alcohol testing is complete. No one can be compelled to provide a specimen. A refusal is noted on the CG-2692 forms and in the official log book if one is required, the person is removed from duties that directly affect safe operation as soon as practical, and the refusal may lead to suspension and revocation proceedings, a civil penalty, or both (46 CFR 4.06-5).