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
1. Purpose
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.
2. Overview
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 .
3. Definitions
a. 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.
b. 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.
c. 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."
d. Duke University Supervisor - An individual
who is Master, Marine Superintendent, Manager-Physical
Plant , or Duke University Marine Laboratory Safety
Officer.
e. 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)).
f. 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
a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
6. Results of Testing
a. 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.
b. 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.
7. Assistance Programs
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 BEVERAGE AND DRUGS:
Alcoholic beverages are prohibited on board ship.
The following rules shall apply to all officers,
crew, and scientists:
1) Personnel:
a) Shall not perform or attempt to perform
any scheduled duties within four (4) hours of
consuming alcoholic beverages.
b) Shall not be intoxicated at any time
c) Shall not consume any intoxicant while on
watch or duty, and
d) 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:
a) "alcohol means any form or derivative of
ethyl alcohol (ethanol)".
b) "alcohol concentration means either grams
of alcohol per 100 milliliters of blood,
or grams of alcohol per 210 liters of breath."
c) "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."
d) "Intoxicant means any form of alcohol, drug,
or combination thereof." (33 CFR 95.010)
3) An individual is intoxicated when:
a) the individual has an alcohol concentration
of .04 percent by weight or more in their blood,
or,
b) 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)
4) If there is any doubt as to whether a prescription
or non-prescription drug may cause intoxication,
the individual shall contact the Master or Marine
Superintendent prior to assuming his or her duties.
The Master or Marine Superintendent will contact
Duke Employee Occupational Health Service to obtain
verbal and/or written approval in each individual
case.
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:
a) 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.
b) 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.
c) 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 _________________
Duke/University of North
Carolina Oceanographic Consortium
Duke University Marine Laboratory
135 Duke Marine Lab Rd.
Beaufort, NC 28516-9721
Phone:
(252) 504-7579 Fax:
(252) 504-7651
|
