Marine Lab Policies, Procedures and Protocols
Personnel -- Drug Testing Policy
1. Purpose
This policy is enacted to meet United States Coast Guard (USCG) requirements promoting the reduction and ultimate elimination of substance abuse aboard ship. All individuals encompassed under this policy will be required to acknowledge in writing that they have read and understood the information contained within and will comply with same.
2. Overview
As part of the growing concern over substance abuse in the work place and in society, the Department of Transportation (DOT) enacted rules requiring drug-testing programs in the aviation, maritime, railroad, mass transit, pipeline, and motor carrier industries. On November 21, 1988 as a result of DOT's program, the United States Coast Guard issued a Final Rule requiring pre-employment, periodic, random, post-accident, and reasonable cause testing for commercial vessel personnel. This rule includes testing for crewmembers on inspected and uninspected vessels, as well as research vessels. Following a reasonable transition period, the rules as set forth in the Code of Federal Regulations (CFR) have been implemented with the Random Testing programs to be in place by October 1, 1991.
3. Definitions
A. Crewmember - As defined by 46 CFR 16.105, an individual who is engaged or employed aboard the vessel and who "directly affects the safe operation of the vessel." This will include the Marine Superintendent and Diving Officer at Duke/UNC Oceanographic Consortium.
B. Embarked Personnel - Those individuals, including scientific personnel, who are aboard the vessel and not designated crewmembers. Embarked personnel are only required to be drug tested in the cases of reasonable cause or post accident.
C. Scientific Personnel - As defined by 33 CFR 188.10-71, an individual who is aboard a vessel "solely for the purpose of engaging in scientific research, or in instructing or receiving instruction, in oceanography or limnology."
D. Duke University Supervisor - An individual who is Master, Marine Operations Manager, Assistant Marine Operations Manager, or Duke University Marine Laboratory Safety Officer.
E. Dangerous Drugs - As defined by 46 CFR 16.105, a narcotic drug, controlled substance, and marijuana (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)).
F. Additional definitions may be found as required in 46 CFR parts 4, 5, 16, and 188, 33 CFR part 95, and 49 CFR part 40.