Marine Lab Policies, Procedures and Protocols
Personnel -- Drug Testing Policy
5. Testing Procedures - 49 CFR 40
This drug-testing program will be conducted in accordance with 49 CFR part 40, Procedures for Transportation Workplace Drug Testing Programs. As the specific procedures are both detailed and lengthy, the text of that part is not included in this policy. It is available upon request by any crewmember or embarked personnel. Crewmembers invovled in the implementation of these procedures will be instructed fully prior to carrying out their specific duties. The Medical Review Officer required in this part will be Dr. George W. Jackson, Director of Employee Occupational Health Services at Duke. As also required, only a drug-testing laboratory currently certified by the Department of Health and Human Services will be utilized to analyze specimens.
6. Results of Testing
A. Disciplinary Action for Positive Results
Embarked personnel will only be requested to be tested for reasonable cause or post accident. Any crewmember holding a license or document who tests positive for dangerous drugs will be placed on leave of absence. The Coast Guard Officer in Charge, Marine Inspection (OCMI), Wilmington, NC, will be notified in writing of test results. The crewmember may use vacation of compensatory time in lieu of regular pay, and will be removed from duties until proceedings are completed by the Coast Guard. If the crewmember's license or document is revoked or suspended more than thirty (30) days, the crewmember may be terminated. Crewmembers without documents will be removed from the vessel and will be disciplined at the discretion of Duke University, which may include termination. Embarked personnel who test positive will not be allowed aboard the vessel for future cruises.
B. Disciplinary Action for Refusal to Test
Any crewmember or embarked personnel who refuses to submit to a chemical test for dangerous drugs or alcohol will be removed from the vessel as soon as it is practicable. They will immediately be removed from all duties involving the safe navigation and operation of the vessel, and any other activities that may affect the safety of personnel aboard. Crewmembers will be suspended without pay, pending disciplinary action by Duke University which may include termination. Crewmembers may use vacation or compensatory time in lieu of regular pay.
Embarked personnel, will be entered in the ship's deck log, and the individual's employer and the U.S. Coast Guard will be notified in writing. Additionally, the individual will not be allowed back aboard the vessel on subsequent cruises, unless cleared by Duke University.
7. Assistance Programs
As established in Duke University's Substance Abuse Policy, Section D-16 of the Personnel Policy Manual, Duke University has provided all the steps necessary for an employee's rehabilitation from drug or alcohol abuse. A list of resources is available upon request from Duke University. If a crewmember voluntarily submits to one of these programs through Duke University, disciplinary action may be waived at that time. The crewmember will be evaluated by Employee Occupational Health Service and relieved of duties without pay until such time as he or she has completed the necessary treatment programs prescribed and been cleared to return to work. The crewmember may draw from vacation or compensatory time during the treatment period.
Upon completion of rehabilitative treatment, crewmembers of the R/V SUSAN HUDSON will be returned to duty and will be subject to follow-up programs as prescribed in the Personnel Policy Manual, section D-VII.
For crewmembers of the R/V CAPE HATTERAS, this policy section shall be modified in that there will be no second opportunity for rehabilitation. If a crewmember fails a follow-up assessment, tests positive again for dangerous drugs or alcohol, or refuses to test, he or she will be terminated. Due to the small size of the crew and the number of days each year spent at sea, it is unreasonable to overload remaining crewmembers with additional work by assuming other's duties for long periods. This situation also makes it virtually impossible to carry out scientific missions in the same professional manner as is done normally, and would thus jeopardize the well-deserved reputation that the vessel now carries.