[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of October 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR16.201]

[Page 278]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 16_CHEMICAL TESTING--Table of Contents
 
                   Subpart B_Required Chemical Testing
 
Sec. 16.201  Application.


    (a) Chemical testing of personnel must be conducted as required by 
this subpart and in accordance with the procedures detailed in 49 CFR 
part 40.
    (b) If an individual fails a chemical test for dangerous drugs under 
this part, the individual will be presumed to be a user of dangerous 
drugs.
    (c) If an individual holding a license, certificate of registry, or 
merchant mariner's document fails a chemical test for dangerous drugs, 
the individual's employer, prospective employer, or sponsoring 
organization must report the test results in writing to the nearest 
Coast Guard Officer in Charge, Marine Inspection (OCMI). The individual 
must be denied employment as a crewmember or must be removed from duties 
which directly affect the safe operation of the vessel as soon as 
practicable and is subject to suspension and revocation proceedings 
against his or her license, certificate of registry, or merchant 
mariner's document under 46 CFR part 5.
    (d) If an individual who does not hold a license, certificate of 
registry, or merchant mariner's document fails a chemical test for 
dangerous drugs, the individual shall be denied employment as a 
crewmember or removed from duties which directly affect the safe 
operation of the vessel as soon as possible.
    (e) An individual who has failed a required chemical test for 
dangerous drugs may not be re-employed aboard a vessel until the 
requirements of paragraph (f) of this section and 46 CFR Part 5, if 
applicable, have been satisfied.
    (f) Before an individual who has failed a required chemical test for 
dangerous drugs may return to work aboard a vessel, the MRO must 
determine that the individual is drug-free and the risk of subsequent 
use of dangerous drugs by that person is sufficiently low to justify his 
or her return to work. In addition, the individual must agree to be 
subject to increased unannounced testing--
    (1) For a minimum of six (6) tests in the first year after the 
individual returns to work as required in 49 CFR part 40; and
    (2) For any additional period as determined by the MRO up to a total 
of 60 months.

[CGD 86-607, 53 FR 47049, November 11, 1988, as amended by CGD 90-014, 
56 FR 31034, July 8, 1991; USCG-2000-7759, 66 FR 42968, Aug. 16, 2001]