Transcript USCG Drug & Alcohol Program

USCG Drug & Alcohol
Program
Compliance Requirements
U.S. Department of
Homeland Security
United States
Coast Guard
Regulations
33 CFR Part 95
46 CFR Part 4
46 CFR Part 16
49 CFR Part 40
U.S. Department of
Homeland Security
United States
Coast Guard
What do I need?
Drug & Alcohol Policy
Conduct Drug Testing
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Pre-employment Testing
Periodic Testing
Random Testing
Serious Marine Incident Testing
Reasonable Cause Testing
Employee Assistance Program (EAP)
Management Information System (MIS) Report
Records
U.S. Department of
Homeland Security
United States
Coast Guard
DHHS 5 Panel Drug Screen
Tests for:
Marijuana
Cocaine
Opiates
Phencyclidine (PCP)
Amphetamines
U.S. Department of
Homeland Security
United States
Coast Guard
Pre-employment
All personnel who perform “Safety Sensitive
Duties”.
Background checks with former DOT employers
Must be tested with negative result prior to
beginning work.
Exemptions:
1) Passed a chemical test required by 46CFR16
within the previous 6 months or,
2) Been subject to random testing for at least 60 of
the previous 185 days and did not refuse to test or
failed a test.
U.S. Department of
Homeland Security
United States
Coast Guard
Periodic Testing
Applies to all licensed/documented mariners when
applying for renewal / endorsements /
upgrades.
Applies to individuals applying for original license /
documents.
Exemptions:
1) Passed a chemical test required by 46 CFR 16
within the previous 6 months or,
2) Been subject to random testing for at least 60 of the
previous 185 days and did not refuse to test or failed
a test.
U.S. Department of
Homeland Security
United States
Coast Guard
Random Testing
50% annual testing requirement
All personnel filling “Safety-Sensitive Positions”
must be eligible for selection each time
The person choosing the date and time of testing
cannot be subject to the requirements.
Random tests must be spread out evenly
throughout the year.
U.S. Department of
Homeland Security
United States
Coast Guard
Serious Marine Incident Testing
Casualty resulting in:
1. Death
2. Injury needing medical treatment beyond first aid
3. Damage in excess of $100,000
4. Actual /constructive loss of vessel
5. Injury which renders individual unfit to perform routine
duties
6. 10,000 gallon oil spill or more
7. Hazmat spill of a reportable quantity
U.S. Department of
Homeland Security
United States
Coast Guard
SMI Testing Continued
Must test all persons directly involved
Must be tested by the Marine Employer
Individuals must provide sample
Use form CG-2692B
Personnel tested for drugs (32hr) and alcohol (2hr)
U.S. Department of
Homeland Security
United States
Coast Guard
Reasonable Cause Testing
When should testing occur?
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
The Marine Employer has the authority to require
testing.
U.S. Department of
Homeland Security
United States
Coast Guard
Employee Assistance Program
Marine Employer shall provide for all employees
Must include training on the effects &
consequences of drug use as well as signs of
intoxication
Display informational material
Display hotline assistance number
Display Company Drug and Alcohol Policy
Supervisors must receive 60 minutes of training
U.S. Department of
Homeland Security
United States
Coast Guard
Management Information
System (MIS) Report
Required of all marine employers with one
exception*.
Submit to:
Commandant (G-MOA)
2100 Second Street, SW
Washington, DC 20593-0001
Due by March 15th of each year
Can submit via Internet at http://damis.dot.gov/
U.S. Department of
Homeland Security
United States
Coast Guard
Records
Employer responsibility.
Maintain records in a location with controlled
access.
A service agent may maintain these records.
Records can be produced at your principal place
of business within two business days.
U.S. Department of
Homeland Security
United States
Coast Guard
Records
All contracts with Service Agents (C/TPAs; MRO;
Collection facilities; Laboratory, SAP, Others).
Designated Employer Representative (DER)
Designation
EAP Training Records
– Employee drug awareness
– Supervisor
Maintain copy of MIS reports.
U.S. Department of
Homeland Security
United States
Coast Guard
Records
Maintain records of chemical tests with nonnegative results for five years (Includes:
documentation of refusals to take required
alcohol and/or drug tests; substituted or
adulterated drug test results);.
– SAP reports; and
– All follow-up tests and schedules for follow-up
tests.
U.S. Department of
Homeland Security
United States
Coast Guard
Records
Drug and alcohol testing previous history requests
AND replies. Maintain for 3 years from date of
employment.
Maintain records of chemical tests with negative
results for 1 year.
U.S. Department of
Homeland Security
United States
Coast Guard
What are your options?
Join a Consortium / Third Party Administrator
(C/TPA) Drug and Alcohol Program
Management Company
Run your own Drug Program
U.S. Department of
Homeland Security
United States
Coast Guard
Audits
Audit for employer belonging to a consortium
Audit for an employer run program
Expect them periodically
* UPV Dockside Exams are not audits
U.S. Department of
Homeland Security
United States
Coast Guard
Non-Compliance
Up to 30 days to come into compliance
If still not compliant – one or more of the following:
Letter of Warning
Captain of the Port Order to stop operations
Suspension/Revocation of license
Civil penalties- $5,500 per day per violation
U.S. Department of
Homeland Security
United States
Coast Guard
For Your Information
Current Code of Federal Regulations
http://www.gpoaccess.gov/ecfr
G-MOA drug and alcohol test website includes:
regs, forms, audit sheets, commonly asked
questions, etc.
www.uscg.mil/hq/g-m/moa/dapip.htm
DOT regs at http://www.dot.gov/ost/dapc/
U.S. Department of
Homeland Security
United States
Coast Guard
Contact Information
LT Nick Neely
907-463-2465
Email: [email protected]
Fax: 907-463-2472
Mailing address:
2760 Sherwood Lane, Suite 2A
Juneau, AK 99801
U.S. Department of
Homeland Security
United States
Coast Guard
Questions?
U.S. Department of
Homeland Security
United States
Coast Guard