[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR16.250]

[Page 277]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 16--CHEMICAL TESTING--Table of Contents
 
                  Subpart B--Required Chemical Testing
 
Sec. 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.