R/V Cape Hatteras - Ship Policies | Drug and Alcohol Policy
Table of Contents
- Purpose
- Overview
- Definitions
- Crew member
- Embarked Personnel
- Scientific Personnel
- Duke University Supervisor
- Additional Definitions as found in 46 CFR parts 4, 5, and 16
- Testing
- Pre-employment
- Periodic
- Reasonable Cause
- Post-accident
- Random
- Testing Procedures
- Results of Testing
- Disciplinary Actions for Positive Results
- Disciplinary Actions for Refusal to Test
- Assistance Programs
- Alcoholic Beverage and Illegal Drug Policy
- Embarked Personnel Acknowledgment and Compliance Form
This policy is enacted to meet United States Coast Guard (USCG) requirements promoting the reduction and ultimately the elimination of substance abuse aboard ship. All individuals encompassed under this policy will be required to acknowledge in writing that they have read and understood the information contained within and will comply with same.
As part of the growing concern over substance
abuse in the work place and in society, the Department
of Transportation (DOT) enacted rules requiring
drug-testing programs in the aviation, maritime,
railroad, mass transit, pipeline, and motor carrier
industries. On November 21, 1988 as a result of
DOT's program, the United States Coast Guard issued
a Final Rule requiring pre-employment, periodic,
random, post-accident, and reasonable cause testing
for commercial vessel personnel. This rule includes
testing for crew members on inspected and uninspected
vessels, as well as research vessels. Following
a reasonable transition period, the rules as set
forth in the Code of Federal Regulations (CFR)
have been implemented with the Random Testing
programs to be in place by October 1, 1991 .
- Crew member
As defined by 46 CFR 16.105, an individual who is engaged or employed aboard the vessel and who "directly affects the safe operation of the vessel." This will include the Marine Superintendent, and Diving Officer at Duke/UNC Oceanographic Consortium. - Embarked Personnel
Those individuals, including scientific personnel, who are aboard the vessel and not designated crew members. Embarked personnel are only required to be drug tested in the cases of reasonable cause or post accident. - Scientific Personnel
As defined by 33 CFR 188.10-71, an individual who is aboard a vessel "solely for the purpose of engaging in scientific research, or in instructing or receiving instruction, in oceanography or limnoloqy." - Duke University Supervisor
An individual who is Master, Marine Superintendent, Manager-Physical Plant , or Duke University Marine Laboratory Safety Officer. - Dangerous Drugs
As defined by 46 CFR 16.105, a narcotic drug, controlled substance, and marijuana (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)).
Additional definitions may be found as required in 46 CFR parts 4, 5, 16, and 188, 33 CFR part 95, and 49 CFR part 40.
4. Testing - 46 CFR 16.210 - .250- Pre-employment testing
Duke University shall not employ or commit to employ any individual as crewmember unless he or she has passed a chemical test for dangerous drugs. An individual may be exempted from pre-employment testing if satisfactory proof is provided that he or she 1) passed a pre-employment test or periodic chemical test for a previous employer within the past six months; or 2) has been subject to an approved random testing program during the past twelve months, has not failed a chemical test and has not refused to take a required chemical test. - Periodic Testing
Any crewmember required to take a physical examination for license renewal or application for Merchant Mariner's Document will also be required to pass a chemical test for dangerous drugs as part of that examination. Results of this test will be forwarded to the USCG Regional Exam Center as part of the license renewal or application process. Chemical testing will not be required as part of a crewmember's periodic health review.
A crewmember will be exempted from this periodic testing if he or she provides proof that he or she has 1) passed a pre-employment or a periodic chemical test within the past six months or 2) been subject to an approved random testing program during the past twelve months, has not failed a chemical test, and has not refused to take a required chemical test. - Reasonable Cause
Duke University supervisors shall require any crewmember or embarked personnel who is reasonably suspected of drug or alcohol use to be chemically tested for dangerous drugs and alcohol.
This decision will based on a reasonable and articulatable belief that the individual has used a dangerous drug or alcohol based on direct observation of specific, contemporaneous physical, behavioral or performance indicators of probable use. If possible, this belief should be based on the observation of the individual by two persons in supervisory positions.
When Duke University requires testing of an individual under this section, the individual will be informed of this fact and directed to provide a biological specimen as soon as is practicable. This fact shall be noted in the vessel deck log. The individual will be relieved of duties until he or she is deemed fit by a Duke supervisor.
If an individual refuses to provide a biological specimen, this fact will also be noted in the vessel deck log. A Duke University supervisor will complete an Employee Occupational Health Service Impairment Checklist on the individual if he or she is an employee of Duke University, and it will be forwarded through proper channels to Employee Occupational Health Service. These forms are found in Duke University's Personnel Policy Manual, Section D-16, Attachment A. In the case of non Duke individuals, he or she will be relieved of duties and his or her shoreside supervisor notified. - Post Accident
Duke University will test all individuals; i.e., crewmembers, and embarked personnel, who are directly involved in a marine casualty in accordance with the requirements of 46 CFR 4.05 and 4.06, for dangerous drugs and alcohol. - Random Testing
Duke University will randomly select crewmembers for chemical testing beginning October 1, 1991. Thereafter, any subject crewmember, without notice, may be required to provide a urine sample at any time. Duke University, as employer, is required to test a minimum of 50% of all subject crewmembers annually. All names will be selected by luck of the draw. A crewmember who has been tested previously has an equal chance of being selected again, eliminating any "window of opportunity" between tests.
5. Testing Procedures - 49 CFR 40
This drug-testing program will be conducted in accordance with 49 CFR part 40, Procedures for Transportation Workplace Drug Testing Programs. As the specific procedures are both detailed and lengthy, the text of that part is not included in this policy. It is available upon request by any crewmember or embarked personnel. Crewmembers involved in the implementation of these procedures will be instructed fully prior to carrying out their specific duties. The Medical Review Officer required in this part will be Dr. George W. Jackson, Director of Employee Occupational Health Service at Duke. As also required, only a drug testing laboratory currently certified by the Department of Health and Human Services will be utilized to analyze specimens.
- Disciplinary Action For Positive Results
Embarked personnel will only be requested to be tested for reasonable cause or post accident. Any crewmember holding a license or document who tests positive for dangerous drugs will be placed on leave of absence. The Coast Guard Officer in Charge, Marine Inspection (OCMI), Wilmington, NC, will be notified in writing of test results. The crewmember may use vacation or compensatory time in lieu of regular pay, and will be removed from duties until proceedings are completed by the Coast Guard. If the crewmember's license or document is revoked or suspended more than thirty (30) days, the crewmember may be terminated. Crewmembers without documents will be removed from the vessel and will be disciplined at the discretion of Duke University, which may include termination. Embarked personnel who test positive will not be allowed aboard the vessel for future cruises.
- Disciplinary Action For Refusal to Test
Any crewmember or embarked personnel who refuses to submit to a chemical test for dangerous drugs or alcohol will be removed from the vessel as soon as it is practicable. They will immediately be removed from all duties involving the safe navigation and operation of the vessel, and any other activities that may affect the safety of personnel aboard. Crewmembers will be suspended without pay, pending disciplinary action by Duke University which may include termination. Crewmembers may use vacation or compensatory time in lieu of regular pay.
Embarked personnel will be entered in the ship's deck log, and the individual's employer and the U.S. Coast Guard will be notified in writing. Additionally, the individual will not be allowed back aboard the vessel on subsequent cruises, unless cleared by Duke University.
As established in Duke University's Substance Abuse Policy, Section D-16 of the Personnel Policy Manual, Duke University has provided all the steps necessary for an employee's rehabilitation from drug or alcohol abuse. A list of resources is available upon request from Duke University. If a crewmember voluntarily submits to one of these programs through Duke University, disciplinary action may be waived at that time. The crewmember will be evaluated by Employee Occupational Health Service and relieved of duties without pay until such time as he or she has completed the necessary treatment programs prescribed and been cleared to return to work. The crewmember may draw from vacation or compensatory time during the treatment period.
Upon completion of rehabilitative treatment, crewmembers of the R/V SUSAN HUDSON will be returned to duty and will be subject to follow-up programs as prescribed in the Personnel Policy Manual, section D-VII.
For crewmembers of the R/V CAPE HATTERAS, this policy section shall be modified in that there will be no second opportunity for rehabilitation. If a crewmember fails a follow-up assessment, tests positive again for dangerous drugs or alcohol, or refuses to test, he or she will be terminated. Due to the small size of the crew and the number of days each year spent at sea, it is unreasonable to overload remaining crewmembers with additional work by assuming other's duties for long periods. This situation also makes it virtually impossible to carry out scientific missions in the same professional manner as is done normally, and would thus jeopardize the well-deserved reputation that the vessel now carries.
This decision will based on a reasonable and articulatable belief that the individual has used a dangerous drug or alcohol based on direct observation of specific, contemporaneous physical, behavioral or performance indicators of probable use. If possible, this belief should be based on the observation of the individual by two persons in supervisory positions.
When Duke University requires testing of an individual under this section, the individual will be informed of this fact and directed to provide a biological specimen as soon as is practicable. This fact shall be noted in the vessel deck log. The individual will be relieved of duties until he or she is deemed fit by a Duke supervisor.
If an individual refuses to provide a biological specimen, this fact will also be noted in the vessel deck log. A Duke University supervisor will complete an Employee Occupational Health Service Impairment Checklist on the individual if he or she is an employee of Duke University, and it will be forwarded through proper channels to Employee Occupational Health Service. These forms are found in Duke University's Personnel Policy Manual, Section D-16, Attachment A. In the case of nonDuke individuals, he or she will be relieved of duties and his or her shoreside supervisor notified.
8. Alcoholic Beverage and Illegal Drug Policy
MEMO TO: All Personnel Embarked on the R/V CAPE
HATTERAS
FROM: Marine Superintendent - Duke/UNC Oceanographic
Consortium
SUBJECT: Alcoholic Beverage and Illegal Drug Policy
on Board
R/V CAPE HATTERAS
Alcoholic Beverages and Drugs:
Alcoholic beverages are prohibited on board ship.
The following rules shall apply to all officers,
crew, and scientists:
1) Personnel:
- Shall not perform or attempt to perform any scheduled duties within four (4) hours of consuming alcoholic beverages.
- Shall not be intoxicated at any time
- Shall not consume any intoxicant while on watch or duty, and
- May consume a legal non-prescription or prescription drug provided the drug does not cause the individual to be intoxicated." (33 CFR 95. 045)
2) For the purposes of this policy, the following definitions apply:
- "alcohol means any form or derivative of ethyl alcohol (ethanol)".
- "alcohol concentration means either grams of alcohol per 100 milliliters of blood, or grams of alcohol per 210 liters of breath."
- "Drug means any substance (other than alcohol) that has known mind or function-altering effects on a person, specifically including any psychoactive substance and including, but not limited to, controlled substances."
- "Intoxicant means any form of alcohol, drug, or combination thereof." (33 CFR 95.010)
3) An individual is intoxicated when:
- the individual has an alcohol concentration of .04 percent by weight or more in their blood, or, the effect of the intoxicant(s) consumed by the individual on the person's manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation. (33 CFR 95.020)
Illegal Drugs and Substances:
Duke University is committed to maintaining a drug free work place and a safe and healthy work environment for all employees. This policy applies to the R/V CAPE HATTERAS as well. Consequently, all employees or personnel embarked are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or controlled substances on board ship or in other University work places. The possession or use of all illegal drugs and substances is strictly prohibited on board ship. Not only is this a violation of U. S. law but foreign law as well. Discovery of even trace amounts of illegal drugs by U. S. or foreign officials could result in the vessel being impounded, and some or all persons on board being arrested. Personnel impounded in foreign countries are subject to foreign law and may be held for years with or without trial with little hope of assistance from the U.S. Department of State. Because of the serious consequences of even minor drug violations the following procedures shall be enforced:
- The Master shall exert every effort to prevent illegal drugs or substances from being brought on board ship. Unannounced and thorough searches of the ship, including staterooms and personal effects, will be made when deemed necessary and the results of these inspections entered in the deck log book.
- Any illegal drugs or substances discovered by the Master, Chief Scientist or other ship's officers will be confiscated and placed in the Master's safe. Complete details concerning the amount and type of drugs, how, when, and where they were discovered, together with the offender(s) name will be entered in the ship's log. Upon arrival in port, the offenders and drugs will be turned over to U. S. Customs.
- All officers and crew members will be subject to random drug testing in accordance with existing laws. Anyone who fails to submit to a test or who takes action to invalidate the results of a test may be discharged immediately.
9. Embarked Personnel
Acknowledgment and Compliance Form
Welcome Aboard. As a user of this vessel, you will be subject to the same rules and regulations enacted by the USCG concerning alcohol and drugs aboard all U. S. vessels. Enclosed is a copy of Duke University's Alcoholic Beverage and Illegal Drug Policy and a copy of the Drug Testing Policy. Please read each item carefully. As you can see, in the case of marine casualties or for reasonable cause, you may also be subject to chemical drug testing. Duke University vessels are in full compliance with all applicable laws and regulations concerning drugs and alcohol aboard ship. We are committed to do everything reasonably possible to guarantee the safety of the vessel and all personnel aboard and we thank you for your cooperation in this matter.
Please indicate that you have read this letter and the stated policies and will comply with same by signing below.
________________________________________
(print name)
Signature _____________________________ Date _________________
