[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR4.05-12]

[Page 46]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 4_MARINE CASUALTIES AND INVESTIGATIONS--Table of Contents
 
        Subpart 4.05_Notice of Marine Casualty and Voyage Records
 
Sec. 4.05-12  Alcohol or drug use by individuals directly involved

in casualties.

    (a) For each marine casualty required to be reported by Sec. 4.05-
10, the marine employer shall determine whether there is any evidence of 
alcohol or drug use by individuals directly involved in the casualty.
    (b) The marine employer shall include in the written report, Form 
CG-2692, submitted for the casualty information which:
    (1) Identifies those individuals for whom evidence of drug or 
alcohol use, or evidence of intoxication, has been obtained; and,
    (2) Specifies the method used to obtain such evidence, such as 
personal observation of the individual, or by chemical testing of the 
individual.
    (c) An entry shall be made in the official log book, if carried, 
pertaining to those individuals for whom evidence of intoxication is 
obtained. The individual must be informed of this entry and the entry 
must be witnessed by a second person.
    (d) If an individual directly involved in a casualty refuses to 
submit to, or cooperate in, the administration of a timely chemical 
test, when directed by a law enforcement officer or by the marine 
employer, this fact shall be noted in the official log book, if carried, 
and in the written report (Form CG-2692), and shall be admissible as 
evidence in any administrative proceeding.

[CGD 84-099, 52 FR 47534, Dec. 14, 1987]