[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: 46CFR4.06-3]

[Page 48]
 
                           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. 4.06-3  Requirements for alcohol and drug testing following a

serious marine incident.

    When a marine employer determines that a casualty or incident is, or 
is likely to become, an SMI, the marine employer must ensure that the 
following alcohol and drug testing is conducted:
    (a) Alcohol testing. (1) Alcohol testing must be conducted on each 
individual engaged or employed on board the vessel who is directly 
involved in the SMI.
    (i) The alcohol testing of each individual must be conducted within 
2 hours of when the SMI occurred, unless precluded by safety concerns 
directly related to the incident.
    (ii) If safety concerns directly related to the SMI prevent the 
alcohol testing from being conducted within 2 hours of the occurrence of 
the incident, then alcohol testing must be completed as soon as the 
safety concerns are addressed.
    (iii) Alcohol testing is not required to be conducted more than 8 
hours after the occurrence of the SMI.
    (2) Alcohol-testing devices must be used according to the procedures 
specified by the manufacturer of the testing device and by this part.
    (3) If the alcohol testing required in paragraphs (a)(1)(i) and 
(a)(1)(ii) of this section is not conducted, the marine employer must 
document on form CG-2692B the reason why the testing was not conducted.
    (4) The marine employer may use alcohol-testing results from tests 
conducted by Coast Guard or local law enforcement personnel to satisfy 
the alcohol testing requirements of this part only if the alcohol 
testing meets all of the requirements of this part.
    (b) Drug testing. (1) Drug testing must be conducted on each 
individual engaged or employed on board the vessel who is directly 
involved in the SMI.
    (i) The collection of drug-test specimens of each individual must be 
conducted within 32 hours of when the SMI occurred, unless precluded by 
safety concerns directly related to the incident.
    (ii) If safety concerns directly related to the SMI prevent the 
collection of drug-test specimens from being conducted within 32 hours 
of the occurrence of the incident, then the collection of drug-test 
specimens must be conducted as soon as the safety concerns are 
addressed.
    (2) If the drug-test specimens required in paragraphs (b)(1)(i) and 
(b)(1)(ii) of this section were not collected, the marine employer must 
document on form CG-2692B the reason why the specimens were not 
collected.

[USCG-2001-8773, 70 FR 75960, Dec. 22, 2005]