[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: 46CFR4.06-1]

[Page 45]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 4--MARINE CASUALTIES AND INVESTIGATIONS--Table of Contents
 
   Subpart 4.06--Mandatory Chemical Testing Following Serious Marine 
            Incidents Involving Vessels in Commercial Service
 
Sec. 4.06-1  Responsibilities of the marine employer.

    Source: CGD 86-067, 53 FR 47078, Nov. 21, 1988, unless otherwise 
noted.


    (a) At the time of occurrence of a marine casualty, a discharge of 
oil into the navigable waters of the United States, a discharge of a 
hazardous substance into the navigable waters of the United States, or a 
release of a hazardous substance into the environment of the United 
States, the marine employer shall make a timely, good faith 
determination as to whether the occurrence currently is, or is likely to 
become, a serious marine incident.
    (b) When a marine employer determines that a casualty or incident 
is, or is likely to become, a serious marine incident, the marine 
employer shall take all practicable steps to have each individual 
engaged or employed on board the vessel who is directly involved in the 
incident chemically tested for evidence of drug and alcohol use.
    (c) The determination of which individuals are directly involved in 
a serious marine incident is to be made by the marine employer. A law 
enforcement officer may determine that additional individuals are 
directly involved in the serious marine incident. In such cases, the 
marine employer shall take all practicable steps to have these 
individuals tested in accordance with paragraph (b) of this section.
    (d) The requirements of this subpart shall not prevent vessel 
personnel who are required to be tested from performing duties in the 
aftermath of a serious marine incident when their performance is 
necessary for the preservation of life or property or the protection of 
the environment.
    (e) The marine employer shall ensure that all individuals engaged or 
employed on board a vessel are fully indoctrinated in the requirements 
of this subpart, and that appropriate vessel personnel are trained as 
necessary in the practical applications of these requirements.

[CGD 86-067, 53 FR 47078, Nov. 21, 1988, as amended by USCG-2000-7759, 
66 FR 42967, Aug. 16, 2001]