cfr.gif (6032 bytes)
46 CODE OF FEDERAL REGULATIONS PART 16
CHEMICAL TESTING (REV OCT 1996)
cgline (2185 bytes)
46 CFR PART 16 - CHEMICAL TESTING
SUBPART A - GENERAL

16.101 Purpose of regulations.

16.105 Definitions of terms used in this part.
SUBPART B - REQUIRED CHEMICAL TESTING

16.201 Application.

16.205 Implementation of chemical testing programs.

16.207 Conflict with foreign laws.

16.210 Pre-employment testing requirements.

16.220 Periodic testing requirements.

16.230 Random testing requirements.

16.240 Serious marine incident testing requirements.

16.250 Reasonable cause testing requirements.

16.260 Records.
SUBPART C - STANDARDS FOR CHEMICAL TESTING FOR DANGEROUS DRUGS

16.301 Procedures for Transportation Workplace Drug Testing Programs.

16.310 General.

16.320 Chain of custody.

16.330 Specimen handling and shipping.

16.340 Test laboratory requirements.

16.350 Specimen analyses.

16.360 Specimen analysis reports.

16.370 Medical Review Officer.

16.380 Release of information.
SUBPART D - EMPLOYEE ASSISTANCE PROGRAMS

16.401 Employee Assistance Program (EAP).
SUBPART E - MANAGEMENT INFORMATION SYSTEM

16.500 Management Information System requirements.

    Appendix A (Reserved)

    Appendix B Drug and Alcohol Testing Management Information System

        (MIS) Data Collection Form

      Authority: 46 U.S.C. 2103, 3306, 7101, 7301, and 7701; 49 CFR

    1.46.

      Source: CGD 86-067, 53 FR 47079, Nov. 21, 1988, unless otherwise

    noted.
SUBPART A - GENERAL
16.101 Purpose of regulations.

      (a) The regulations in this part provide a means to minimize the

    use of intoxicants by merchant marine personnel and to promote a

    drug free and safe work environment.

      (b) These regulations prescribe the minimum standards,

    procedures, and means to be used to test for the use of dangerous

    drugs.

      (c) As part of a reasonable cause drug testing program

    established pursuant to this part, employers may test for drugs in

    addition to those specified in this part only with approval granted

    by the Coast Guard under 49 CFR part 40 and for substances for

    which the Department of Health and Human Services has established

    an approved testing protocol and positive threshold.
16.105 Definitions of terms used in this part.

      Chemical test means a scientifically recognized test which

    analyzes an individual's breath, blood, urine, saliva, bodily

    fluids, or tissues for evidence of dangerous drug or alcohol use.

      Crewmember means an individual who is:

      (a) On board a vessel acting under the authority of a license,

    certificate of registry, or merchant mariner's document issued

    under this subchapter, whether or not the individual is a member of

    the vessel's crew; or

      (b) Engaged or employed on board a vessel owned in the United

    States that is required by law or regulation to engage, employ, or

    be operated by an individual holding a license, certificate of

    registry, or merchant mariner's document issued under this

    subchapter, except the following:

      (1) Individuals on fish processing vessels who are primarily

    employed in the preparation of fish or fish products, or in a

    support position, and who have no duties that directly affect the

    safe operation of the vessel;

      (2) Scientific personnel on an oceanographic research vessel;

      (3) Individuals on industrial vessels who are industrial

    personnel, as defined in this chapter; and

      (4) Individuals not required under part 15 of this subchapter who

    have no duties that directly affect the safe operation of the

    vessel.

      Dangerous drug means a narcotic drug, a controlled substance, or

    a controlled-substance analog (as defined in section 102 of the

    Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).

      Dangerous drug level means the amount of traces of dangerous

    drugs or drug metabolites in an individual's breath, blood, urine,

    saliva, body fluids or tissues.

      Drug test means a chemical test of an individual's urine for

    evidence of dangerous drug use.

      Employer means a marine employer or sponsoring organization.

      Fails a chemical test for dangerous drugs means that the result

    of a chemical test conducted in accordance with 49 CFR part 40 is

    reported as 'positive' for the presence of dangerous drugs or drug

    metabolites in an individual's system by a Medical Review Officer

    in accordance with that part.

      Intoxicant means any form of alcohol, dangerous drug, or

    combination thereof.

      Marine employer means the owner, managing operator, charterer,

    agent, master, or person in charge of a vessel, other than a

    recreational vessel.

      Medical Review Officer means an individual designated by the

    employer to carry out the duties specified in Sec. 16.370 of this

    part.

      Operation means to navigate, steer, direct, manage, or sail a

    vessel, or to control, monitor, or maintain the vessel's main or

    auxiliary equipment or systems.  Operation includes:

      (a) Determining the vessel's position, piloting, directing the

    vessel along a desired trackline, keeping account of the

    vessel's progress through the water, ordering or executing changes

    in course, rudder position, or speed, and maintaining a lookout;

      (b) Controlling, operating, monitoring, maintaining, or testing:

    the vessel's propulsion and steering systems; electric power

    generators; bilge, ballast, fire, and cargo pumps; deck machinery

    including winches, windlasses, and lifting equipment; lifesaving

    equipment and appliances; firefighting systems and equipment; and

    navigation and communication equipment; and

      (c) Mooring, anchoring, and line handling; loading or discharging

    of cargo or fuel; assembling or disassembling of tows; and

    maintaining the vessel's stability and watertight integrity.

      Passes a chemical test for dangerous drugs means the result of a

    chemical test conducted in accordance with 49 CFR part 40 is

    reported as 'negative' by a Medical Review Officer in accordance

    with that part.

      Positive rate means the number of positive results for random

    drug tests conducted under this part plus the number of refusals to

    take random tests required by this part, divided by the total

    number of random drug tests conducted under this part plus the

    number of refusals to take random tests required by this part.

      Refuse to submit means that a crewmember fails to provide a urine

    sample as required by 49 CFR part 40, without a genuine inability

    to provide a specimen (as determined by a medical evaluation),

    after he or she has received notice of the requirement to be tested

    in accordance with the provisions of this part, or engages in

    conduct that clearly obstructs the testing process.

      Serious marine incident means an event defined in 46 CFR 4.03-2.

      Sponsoring organization is any company, consortium, corporation,

    association, union, or other organization with which individuals

    serving in the marine industry, or their employers, are associated.

      Vessel owned in the United States means any vessel documented or

    numbered under the laws of the United States; and any vessel owned

    by a citizen of the United States that is not documented or

    numbered by any nation.

    (CGD 86-067, 53 FR 47079, Nov. 21, 1988; 53 FR 48367, Nov. 30,

    1988, as amended by CGD 90-014, 56 FR 31033, July 8, 1991; CGD

    90-053, 58 FR 31107, May 28, 1993; CGD 93-051, 59 FR 28792, June 3,

    1994; 59 FR 62226, Dec. 2, 1994; CGD 91-223, 60 FR 4525, Jan. 23,

    1995)
Subpart B - Required Chemical Testing
16.201 Application.

      (a) Chemical testing of personnel must be conducted as required

    by this subpart.

      (b) If an individual fails a chemical test for dangerous drugs

    under this part, the individual will be presumed to be a user of

    dangerous drugs.

      (c) If an individual holding a license, certificate of registry,

    or merchant mariner's document fails a chemical test for dangerous

    drugs, the individual's employer or prospective employer shall

    report the test results in writing to the nearest Coast Guard

    Officer in Charge, Marine Inspection (OCMI). The individual shall

    be denied employment as a crewmember or removed from duties which

    directly affect the safe operation of the vessel as soon as

    practicable and shall be subject to suspension and revocation

    proceedings against his or her license, certificate of registry, or

    merchant mariner's document under 46 CFR part 5.

      (d) If an individual who does not hold a license, certificate of

    registry, or merchant mariner's document fails a chemical test for

    dangerous drugs, the individual shall be denied employment as a

    crewmember or removed from duties which directly affect the safe

    operation of the vessel as soon as possible.

      (e) An individual who has failed a required chemical test for

    dangerous drugs may not be reemployed aboard a vessel until the

    requirements of Sec. 16.370(d) of this part and 46 CFR part 5, if

    applicable, have been satisfied.

    (CGD 86-607, 53 FR 47049, November 11, 1988, as amended by CGD

    90-014, 56 FR 31034, July 8, 1991)
16.205 Implementation of chemical testing programs.

      (a) When a vessel owned in the United States is operating in waters
that are not subject to the jurisdiction of the United States, the testing
requirements of 16.210 and 16.230 do not apply to a citizen of a foreign 
country engaged or employed as pilot in accordance with the laws or customs 
of that foreign country.
      (b) Upon written request of an employer, Commandant (G-MOA) will review 
the employer's chemical testing program to determine compliance with the provisions 
of this part.
16.207 Conflict with foreign laws.

      (a) This part applies to the testing of all U.S. crewmembers onboard U.S. vessels
operating in waters that are subject to the jurisdiction of a foreign government on or 
after January 02, 1997; however, implementation may be delayed until July 01, 1997.
      (b) Employers for whom compliance with this part would violate the domestic laws or
policies of another country may request an exemption from the drug testing requirements
of this part by submitting a written request to Commandant (G-MOA), at the address listed
in 16.500(a).
16.210 Pre-employment testing requirements.

      (a) No marine employer shall engage or employ any individual to

    serve as a crewmember unless the individual passes a chemical test

    for dangerous drugs for that employer.

      (b) An employer may waive a pre-employment test required for a

    job applicant by paragraph (a) of this section if the individual

    provides satisfactory evidence that he or she has:

      (1) Passed a chemical test for dangerous drugs, required by this

    part, within the previous six months with no subsequent positive

    drug tests during the remainder of the six-month period; or

      (2) During the previous 185 days been subject to a random testing

    program required by Sec. 16.230 for at least 60 days and did not

    fail or refuse to participate in a chemical test for dangerous

    drugs required by this part.

    (CGD 90-053, 58 FR 31107, May 28, 1993, as amended by CGD 93-051,

    59 FR 28792, June 3, 1994)
16.220 Periodic testing requirements.

      (a) Except as provided by paragraph (c) of this section, and Sec.

    10.209(h) and 12.02-9(f) of this subchapter, an applicant for an

    original issuance or a renewal of a license or a certificate of

    registry (COR), a raise in grade of a license, a higher grade of

    COR, an original issuance of a merchant mariner's document (MMD),

    the first endorsement as an able seaman, lifeboatman, qualified

    member of the engine department, or tankerman, or a reissuance of

    an MMD with a new expiration date shall be required to pass a

    chemical test for dangerous drugs.  The applicant shall

    provide the results of the test to the Coast Guard Regional

    Examination Center (REC) at the time of submitting an application.

    The test results must be completed and dated not more than 185 days

    prior to submission of the application.

      (b) Unless excepted under paragraph (c) of this section, each

    pilot required by this subchapter to receive an annual physical

    examination must pass a chemical test for dangerous drugs as a part

    of that examination.  The individual shall provide the results of

    each test required by this section to the REC when the pilot

    applies for a license renewal or when requested by the Coast Guard.

      (c) An applicant need not submit evidence of passing a chemical

    test for dangerous drugs required by paragraph (a) or (b) of this

    section if he or she provides satisfactory evidence that he or she

    has -

      (1) Passed a chemical test for dangerous drugs required by this

    part within the previous six months with no subsequent positive

    chemical tests during the remainder of the 6-month period; or

      (2) During the previous 185 days been subject to a random testing

    program required by Sec. 16.230 for at least 60 days and did not

    fail or refuse to participate in a chemical test for dangerous

    drugs required by this part.

      (d) Except as provided by paragraph (b) of this section, an

    applicant is required to provide the results of only one chemical

    test for dangerous drugs when multiple transactions are covered by

    or requested in a single application.

    (CGD 91-223, 60 FR 4525, Jan. 23, 1995)
16.230 Random testing requirements.

      (a) Marine employers shall establish programs for the chemical

    testing for dangerous drugs on a random basis of crewmembers on

    inspected vessels who:

      (1) Occupy a position, or perform the duties and functions of a

    position, required by the vessel's Certificate of Inspection;

      (2) Perform the duties and functions of patrolmen or watchmen

    required by this chapter; or,

      (3) Are specifically assigned the duties of warning, mustering,

    assembling, assisting, or controlling the movement of passengers

    during emergencies.

      (b) Marine employers shall establish programs for the chemical

    testing for dangerous drugs on a random basis of crewmembers on

    uninspected vessels who:

      (1) Are required by law or regulation to hold a license issued by

    the Coast Guard in order to perform their duties on the vessel;

      (2) Perform duties and functions directly related to the safe

    operation of the vessel;

      (3) Perform the duties and functions of patrolmen or watchmen

    required by this chapter; or,

      (4) Are specifically assigned the duties of warning, mustering,

    assembling, assisting, or controlling the movement of passengers

    during emergencies.

      (c) The selection of crewmembers for random drug testing shall be

    made by a scientifically valid method, such as a random number

    table or a computer-based random number generator that is matched

    with crewmembers' Social Security numbers, payroll identification

    numbers, or other comparable identifying numbers.  Under the

    testing frequency and selection process used, each covered

    crewmember shall have an equal chance of being tested each time

    selections are made and an employee's chance of selection shall

    continue to exist throughout his or her employment.  As an

    alternative, random selection may be accomplished by periodically

    selecting one or more vessels and testing all crewmembers covered

    by this section, provided that each vessel subject to the marine

    employer's test program remains equally subject to selection.

      (d) Marine employers may form or otherwise use sponsoring

    organizations, or may use contractors, to conduct the random

    chemical testing programs required by this part.

      (e) Except as provided in paragraph (f) of this section, the

    minimum annual percentage rate for random drug testing shall be 50

    percent of covered crewmembers.

      (f) The annual rate for random drug testing may be adjusted in

    accordance with this paragraph.

      (1) The Commandant's decision to increase or decrease the minimum

    annual percentage rate for random drug testing is based on the

    reported random positive rate for the entire industry.  All

    information used for this determination is drawn from the drug MIS

    reports required by this part.  In order to ensure reliability of

    the data, the Commandant considers the quality and completeness of

    the reported data, may obtain additional information or reports

    from marine employers, and may make appropriate modifications in

    calculating the industry random positive rate.  Each year, the

    Commandant will publish in the Federal Register the minimum annual

    percentage rate for random drug testing of covered crewmembers.

    The new minimum annual percentage rate for random drug testing will

    be applicable starting January 1 of the calendar year following

    publication.

      (2) When the minimum annual percentage rate for random drug

    testing is 50 percent, the Commandant may lower this rate to 25

    percent of all covered crewmembers if the Commandant determines

    that the data received under the reporting requirements of 46 CFR

    16.500 for two consecutive calendar years indicate that the

    positive rate is less than 1.0 percent.

      (3) When the minimum annual percentage rate for random drug

    testing is 25 percent, and the data received under the reporting

    requirements of 46 CFR 16.500 for any calendar year indicate that

    the positive rate is equal to or greater than 1.0 percent, the

    Commandant will increase the minimum annual percentage rate for

    random drug testing to 50 percent of all covered crewmembers.

      (g) Marine employers shall randomly select a sufficient number of

    covered crewmembers for testing during each calendar year to equal

    an annual rate not less than the minimum annual percentage rate for

    random drug testing determined by the Commandant. If the marine

    employer conducts random drug testing through a consortium, the

    number of crewmembers to be tested may be calculated for each

    individual marine employer or may be based on the total number of

    covered crewmembers covered by the consortium who are subject to

    random drug testing at the same minimum annual percentage rate

    under this part or any DOT drug testing rule.

      (h) Each marine employer shall ensure that random drug tests

    conducted under this part are unannounced and that the dates for

    administering random tests are spread reasonably throughout the

    calendar year.

      (i) If a given covered crewmember is subject to random drug

    testing under the drug testing rules of more than one DOT agency

    for the same marine employer, the crewmember shall be subject to

    random drug testing at the percentage rate established for the

    calendar year by the DOT agency regulating more than 50 percent of

    the crewmember's function.

      (j) If a marine employer is required to conduct random drug

    testing under the drug testing rules of more than one DOT agency,

    the marine employer may -

      (1) Establish separate pools for random selection, with each pool

    containing the covered crewmembers who are subject to testing at

    the same required rate; or

      (2) Randomly select such crewmembers for testing at the highest

    percentage rate established for the calendar year by any DOT agency

    to which the marine employer is subject.

      (k) An individual may not be engaged or employed, including

    self-employment, on a vessel in a position as master, operator, or

    person in charge for which a license or merchant mariner's document

    is required by law or regulation unless all crewmembers covered by

    this section are subject to the random testing requirements of this

    section.

    (CGD 90-014, 56 FR 31034, July 8, 1991, as amended by 59 FR 62227,

    Dec. 2, 1994)
16.240 Serious marine incident testing requirements.

      The marine employer shall ensure that all persons directly

    involved in a serious marine incident are chemically tested for

    evidence of dangerous drugs and alcohol in accordance with the

    requirements of 46 CFR 4.06.
16.250 Reasonable cause testing requirements.

      (a) The marine employer shall require any crewmember engaged or

    employed on board a vessel owned in the United States that is

    required by law or regulation to engage, employ or be operated by

    an individual holding a license, certificate of registry, or

    merchant mariner's document issued under this subchapter, who is

    reasonably suspected of using a dangerous drug to be chemically

    tested for dangerous drugs.

      (b) The marine employer's decision to test must be based on a

    reasonable and articulable belief that the individual has used a

    dangerous drug based on direct observation of specific,

    contemporaneous physical, behavioral, or performance indicators of

    probable use.  Where practicable, this belief should be based on

    the observation of the individual by two persons in supervisory

    positions.

      (c) When the marine employer requires testing of an individual

    under the provisions of this section, the individual must be

    informed of that fact and directed to provide a urine specimen as

    soon as practicable.  This fact shall be entered in the vessel's

    official log book, if one is required.

      (d) If an individual refuses to provide a urine specimen when

    directed to do so by the employer under the provisions of this

    section, this fact shall be entered in the vessel's official log

    book, if one is required.
16.260 Records.

      (a) Employers shall maintain records of chemical tests which the

    Medical Review Officer reports as positive for a period of at least

    5 years and shall make these records available to Coast Guard

    officials upon request.  Records of tests reported as negative

    shall be retained for one year.

      (b) The records shall be sufficient to:

      (1) Satisfy the requirements of Sec. 16.210(b) and 16.220(c) of

    this part.

      (2) Identify the total number of individuals chemically tested

    annually for dangerous drugs in each of the categories of testing

    required by this part including the annual number of individuals

    failing chemical tests and the number and types of drugs for which

    individuals tested positive.

    (CGD 86-067, 53 FR 47079, Nov. 21, 1988, as amended by CGD 91-223,

    60 FR 4526, Jan. 23, 1995)
Subpart C - Standards for Chemical Testing for Dangerous Drugs
16.301 Procedures for Transportation Workplace Drug Testing Programs.

      Drug testing programs subject to this part shall be conducted in

    accordance with 49 CFR part 40, Procedures for Transportation

    Workplace Drug Testing Programs. This subpart summarizes

    requirements for drug testing programs contained in those

    regulations.  Those regulations should be consulted to determine

    the specific procedures which must be established and utilized.

    Drug testing programs required by this part shall use only drug

    testing laboratories certified by the Department of Health and

    Human Services (DHHS).
16.310 General.

      (a) Collection site.  The employer shall ensure that the

    collection site is adequate to provide for the collection,

    security, temporary storage, and shipping of specimens to a

    certified drug testing laboratory.

      (b) Security. Procedures shall provide for the collection site to

    be secure.  Collection sites dedicated solely for specimen

    collection must be secure at all times.  Collection sites which are

    not dedicated solely for specimen collection must be secured during

    specimen collection.

      (c) Access to authorized personnel only.  No unauthorized

    personnel shall be permitted in any part of a collection site when

    specimens are collected nor shall unauthorized personnel be allowed

    access to stored specimens.

      (d) Privacy. Procedures for collecting urine specimens shall

    allow for individual privacy unless there is reason to believe that

    a particular individual may alter or substitute the specimen to be

    provided.

      (e) Integrity of specimens.  Collection site personnel shall take

    precautions to ensure that each specimen is not adulterated or

    diluted during the collection process.
16.320 Chain of custody.

      (a) A chain of custody for each specimen to be chemically tested

    shall be established and maintained from the time of specimen

    collection through the testing of the specimen.

      (b) If a specimen is not immediately prepared for shipment, it

    shall be safeguarded during temporary storage.

      (c) Every effort shall be made to minimize the number of persons

    handling specimens.
16.330 Specimen handling and shipping.

      (a) The employer shall obtain a specimen collection and shipping

    kit to be used to collect specimens and ship them to the certified

    drug testing laboratory.

      (b) The specimen collection and shipping kit, as required by 49

    CFR part 40, shall contain:

      (1) Plastic urine specimen bottles in a sufficient quantity to

    accommodate the people to be tested;

      (2) Means for sealing and identifying specimen bottles;

      (3) Chain of custody forms;

      (4) A set of step-by-step instructions which describe the proper

    procedures to be followed during specimen collection, handling, and

    shipping; and

      (5) Shipping materials.

      (c) The marine employer shall ensure that specimens are promptly

    shipped to a certified testing laboratory meeting the requirements

    of Sec. 16.340. Chain of custody documents must accompany each

    specimen from the time of specimen collection through shipment to

    and testing by the laboratory.

      (d) Specimens shall be shipped by an expeditious means.
16.340 Test laboratory requirements.

      (a) The employer shall ensure that all chemical testing for

    dangerous drugs required by this part is conducted by a DHHS

    certified laboratory.

      (b) The laboratory shall meet the requirements of 49 CFR part 40.
16.350 Specimen analysis.

      (a) Each specimen shall be analyzed in accordance with 49 CFR

    40.29, which requires testing for -

      (1) Marijuana;

      (2) Cocaine;

      (3) Opiates;

      (4) Phencyclidine (PCP); and

      (5) Amphetamines.

      (b) A specimen which indicates the presence of a dangerous drug

    at a level equal to or exceeding the levels established in 49 CFR

    40.29 is reported to the Medical Review Officer as positive.

    (CGD 90-053, 58 FR 31107, May 28, 1993)
16.360 Specimen analysis reports.

      (a) The laboratory shall report all test results as required by

    49 CFR 40.29(g). Reports are made within an average of five days

    after receipt of a specimen by the laboratory.

      (b) The laboratory reports as negative all specimens which are

    negative on the initial test or negative on the confirmatory test.

    Only specimens confirmed positive are reported positive to the

    Medical Review Officer for a specific drug or drug metabolite.

    (CGD 86-067, 53 FR 47079, Nov. 21, 1988, as amended by CGD 90-053,

    58 FR 31107, May 28, 1993)
16.370 Medical Review Officer.

      (a) The employer shall designate or appoint a Medical Review

    Officer (MRO) meeting the qualifications of 49 CFR 40.33. If the

    employer does not have a qualified individual on staff to serve as

    MRO, the employer may contract for the provision of MRO services as

    part of its drug testing program.

      (b) The MRO shall review and interpret each confirmed positive

    test result in accordance with 49 CFR 40.33.

      (c) If the MRO verifies a laboratory confirmed positive report,

    the MRO shall report the positive test result to the employer or

    the employer's designated agent.

      (d) Before an individual who has failed a required chemical test

    for dangerous drugs may return to work aboard a vessel, the MRO

    shall determine that the individual is drug-free and the risk of

    subsequent use of dangerous drugs by that person is sufficiently

    low to justify his or her return 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 Sec. 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 environment; 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) Data Collection. All marine employers must collect the following drug and alcohol

    testing program data for each calendar year:
      (1) Total number of employees during the calander year that are subject
to the drug testing rules in this part.
      (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 conducted identified by test

type.  Drug test types are pre-employment, periodic, random, post-accident
and reasonable cause.  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 weight of .04

    percent by weight or more by test type.

      (5) Number of negative drug and alcohol test results reported by MRO 
by test type.

      (6) Number of applicants denied employment based on a positive drug test 
result verified by an MRO.

      (7) Number of marine employees with a MRO verified positive test result

who returned to duty in a safety sensitive position subject to required chemical 
testing, after meeting the requirements of Sec. 16.370(d) and part 5 of this chapter.

      (8) Number of marine employees with positive drug test results verify by a MRO
as positive for one drug or combination of drugs.

      (9) Number of covered employees required under this part to be tested
who refused to submit to a drug test.

      (10) Number of covered employees and supervisory personnel who received
the required initial training.
      (b) Data Reporting. 
      (1) By March 15 of the year following the collection of the data in 
paragraph (a) of this section, marine employers must submit the data
on Form CG-5573 to Commandant (G-MOA), at 2100 Second Street SW, Washington, DC, 
20593-0001. Marine employers must complete all data fields on the form.
      (2) Form CG-5573 is reproduced in Appendix B of this part and you may obtain the
form from any Marine Inspection Office.  You may also download a copy of CG-5573 from
the U.S. Coast Guard Marine Safety and Environmental Protection website at 
http://www.uscg.mil/hq/g-m
      (3) A consortium or other employer representative may submit data for a marine 
employer.  Reports may contain data for more than one marine employer.  Each report,
however, must list the marine employers included in the report.
      (4) Marine employers must ensure that data submitted by a consortium or other 
employer representative under paragraph (b)(3) of this section is correct.
      (c) After filing three consecutive annual MIS reports since January 01, 1996, 
required by (b) of this section, marine employers with 10 or fewer covered employees
may stop filing the annual report each succeeding year during witch they have no 
more than 10 covered employees.
      (d) Marine employers who conduct operations regulated by another

Department of Transportation Operating Administration must submit appropriate
data to that Operating Administration for employees subject to that Operating 
Administration's regulations.

Dated: April 18, 1999

                          APPENDIX A - (RESERVED)

                        *** ILLUSTRATION OMITTED ***

                        *** ILLUSTRATION OMITTED ***

                        *** ILLUSTRATION OMITTED ***

                        *** ILLUSTRATION OMITTED ***

                        *** ILLUSTRATION OMITTED ***

                        *** ILLUSTRATION OMITTED ***

                        *** ILLUSTRATION OMITTED ***

    (CGD 91-019, 58 FR 68279, Dec. 23, 1993)

                                   INDEX
cgline (2185 bytes)
Back to Coast Guard Marine Safety Office Hawaii Home Page