46 CODE OF FEDERAL REGULATIONS PART 16
CHEMICAL TESTING (REV OCT 1996)
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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 watersthat 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. vesselsoperating 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-accidentand 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 MROas positive for one drug or combination of drugs.
(9) Number of covered employees required under this part to be testedwho refused to submit to a drug test.
(10) Number of covered employees and supervisory personnel who receivedthe 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
https://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)
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(CGD 91-019, 58 FR 68279, Dec. 23, 1993)
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