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CG-2692, CG-2692A, CG-2692B and Drug Testing. What is a Marine Casualty? CFR 4.03-1 Marine casualty or accident. CFR 4.03-1 Marine casualty or accident.

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Presentation on theme: "CG-2692, CG-2692A, CG-2692B and Drug Testing. What is a Marine Casualty? CFR 4.03-1 Marine casualty or accident. CFR 4.03-1 Marine casualty or accident."— Presentation transcript:

1 CG-2692, CG-2692A, CG-2692B and Drug Testing

2 What is a Marine Casualty? CFR Marine casualty or accident. CFR Marine casualty or accident. The term marine casualty or accident shall mean any casualty or accident involving any vessel other than public vessels if such casualty or accident occurs upon the navigable waters of the United States, its territories or possessions or any casualty or accident wherever such casualty or accident may occur involving any United States' vessel which is not a public vessel. The term marine casualty or accident shall mean any casualty or accident involving any vessel other than public vessels if such casualty or accident occurs upon the navigable waters of the United States, its territories or possessions or any casualty or accident wherever such casualty or accident may occur involving any United States' vessel which is not a public vessel.

3 (1) An unintended grounding, or an unintended strike of (allision with) a bridge; (1) An unintended grounding, or an unintended strike of (allision with) a bridge; (2) An intended grounding, or an intended strike of a bridge, that creates a hazard to navigation, the environment, or the safety of a vessel, or that meets any criterion of (3) through (7); (2) An intended grounding, or an intended strike of a bridge, that creates a hazard to navigation, the environment, or the safety of a vessel, or that meets any criterion of (3) through (7);

4 (3) A loss of main propulsion, primary steering, or any associated component or control system that reduces the maneuverability of the vessel; (3) A loss of main propulsion, primary steering, or any associated component or control system that reduces the maneuverability of the vessel; (4) An occurrence materially and adversely affecting the vessel's seaworthiness or fitness for service or route, including but not limited to fire, flooding, or failure of or damage to fixed fire-extinguishing systems, lifesaving equipment, auxiliary power-generating equipment, or bilge- pumping systems; (4) An occurrence materially and adversely affecting the vessel's seaworthiness or fitness for service or route, including but not limited to fire, flooding, or failure of or damage to fixed fire-extinguishing systems, lifesaving equipment, auxiliary power-generating equipment, or bilge- pumping systems;

5 (5) A loss of life; (5) A loss of life; (6) An injury that requires professional medical treatment (treatment beyond first aid) and, if the person is engaged or employed on board a vessel in commercial service, that renders the individual unfit to perform his or her routine duties; or (6) An injury that requires professional medical treatment (treatment beyond first aid) and, if the person is engaged or employed on board a vessel in commercial service, that renders the individual unfit to perform his or her routine duties; or (7) An occurrence causing property-damage in excess of $25,000, this damage including the cost of labor and material to restore the property to its condition before the occurrence, but not including the cost of salvage, cleaning, gas-freeing, drydocking, or demurrage. (7) An occurrence causing property-damage in excess of $25,000, this damage including the cost of labor and material to restore the property to its condition before the occurrence, but not including the cost of salvage, cleaning, gas-freeing, drydocking, or demurrage. (8) An occurrence involving significant harm to the environment as defined in 46 CFR (Sheen) (8) An occurrence involving significant harm to the environment as defined in 46 CFR (Sheen)

6 Immediately after the addressing of resultant safety concerns, the owner, agent, master, operator, or person in charge, shall notify the nearest Marine Safety Office, Marine Inspection Office or Coast Guard Sector Office. 46 CFR Immediately after the addressing of resultant safety concerns, the owner, agent, master, operator, or person in charge, shall notify the nearest Marine Safety Office, Marine Inspection Office or Coast Guard Sector Office. 46 CFR

7 CG Report of Marine Accident, Injury or Death (46 CFR ) CG Report of Marine Accident, Injury or Death (46 CFR ) This form is used as a basic incident report. This form is used as a basic incident report. Needs to be filled out within 5 days of occurrence of accident. Needs to be filled out within 5 days of occurrence of accident.

8 WHEN IN DOUBT, FILL IT OUT!! Failure to do so could result in a civil penalty of up to $25,000. Failure to do so could result in a civil penalty of up to $25,000. and/ or and/ or Action of misconduct against a U.S. issued license or document for violation of a regulation. Action of misconduct against a U.S. issued license or document for violation of a regulation.

9 CG-2692A Barge Addendum CG-2692A Barge Addendum Use this form to when additional barges are involved with the marine casualty. Use this form to when additional barges are involved with the marine casualty. This form must used in addition to the CG-2692, never alone. This form must used in addition to the CG-2692, never alone.

10 It is mandatory that chemical testing is administered following Serious Marine Incidents Involving Vessels in Commercial Service. It is mandatory that chemical testing is administered following Serious Marine Incidents Involving Vessels in Commercial Service.

11 Serious marine incident 46 CFR The term serious marine incident includes the following events involving a vessel in commercial service: The term serious marine incident includes the following events involving a vessel in commercial service: (a) Any marine casualty or accident that occurs, and that results in any of the following: (a) Any marine casualty or accident that occurs, and that results in any of the following:

12 (1) One or more deaths; (1) One or more deaths; (2) An injury which requires professional medical treatment beyond first aid, and, in the case of a person employed on board a vessel in commercial service, which renders the individual unfit to perform routine vessel duties (2) An injury which requires professional medical treatment beyond first aid, and, in the case of a person employed on board a vessel in commercial service, which renders the individual unfit to perform routine vessel duties

13 (3) Damage to property in excess of $100,000 (3) Damage to property in excess of $100,000 (4) Total loss of any inspected vessel. (4) Total loss of any inspected vessel. (5) Total loss of any uninspected self- propelled vessel, of 100 gross tons or more. (5) Total loss of any uninspected self- propelled vessel, of 100 gross tons or more.

14 (b) A discharge of oil of 10,000 gallons or more into the navigable waters of the United States, whether or not resulting from a marine casualty. (b) A discharge of oil of 10,000 gallons or more into the navigable waters of the United States, whether or not resulting from a marine casualty. (c) A discharge of a reportable quantity of a hazardous substance into the navigable waters of the United States, or a release of a reportable quantity of a hazardous substance into the environment of the United States, whether or not resulting from a marine casualty. (c) A discharge of a reportable quantity of a hazardous substance into the navigable waters of the United States, or a release of a reportable quantity of a hazardous substance into the environment of the United States, whether or not resulting from a marine casualty.

15 CG-2692B - Report of required drug and alcohol testing following a Serious marine incident CG-2692B - Report of required drug and alcohol testing following a Serious marine incident This form documents who was drug tested before results are received. This form documents who was drug tested before results are received. Upon receipt of a report of chemical test results, the marine employer shall submit a copy of the test results for each person listed in block 15(a) of the CG-2692B to the Coast Guard Office that the CG-2692B was submitted. Upon receipt of a report of chemical test results, the marine employer shall submit a copy of the test results for each person listed in block 15(a) of the CG-2692B to the Coast Guard Office that the CG-2692B was submitted.

16 Penalties Violation of this part is subject to the civil penalties set forth in 46 U.S.C Any person who fails to implement or conduct, or who otherwise fails to comply with the requirements for chemical testing for dangerous drugs as prescribed under this part, is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Each day of a continuing violation will constitute a separate violation. Violation of this part is subject to the civil penalties set forth in 46 U.S.C Any person who fails to implement or conduct, or who otherwise fails to comply with the requirements for chemical testing for dangerous drugs as prescribed under this part, is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Each day of a continuing violation will constitute a separate violation.

17 Responsibilities of the marine employer. At the time of occurrence of accident the marine employer shall make a timely, good faith determination as to whether the occurrence currently is, or is likely to become, a serious marine incident. At the time of occurrence of accident the marine employer shall make a timely, good faith determination as to whether the occurrence currently is, or is likely to become, a serious marine incident.

18 When a marine employer determines that a casualty or incident is, or is likely to become, a serious marine incident, the marine employer shall take all practicable steps to have each individual engaged or employed on board the vessel who is directly involved in the incident chemically tested for evidence of drug and alcohol use. When a marine employer determines that a casualty or incident is, or is likely to become, a serious marine incident, the marine employer shall take all practicable steps to have each individual engaged or employed on board the vessel who is directly involved in the incident chemically tested for evidence of drug and alcohol use.

19 The determination of which individuals are directly involved in a serious marine incident is to be made by the marine employer. The determination of which individuals are directly involved in a serious marine incident is to be made by the marine employer. A law enforcement officer may determine that additional individuals are directly involved in the serious marine incident. A law enforcement officer may determine that additional individuals are directly involved in the serious marine incident.

20 The requirements of this subpart shall not prevent vessel personnel who are required to be tested from performing duties in the aftermath of a serious marine incident when their performance is necessary for the preservation of life or property or the protection of the environment. The requirements of this subpart shall not prevent vessel personnel who are required to be tested from performing duties in the aftermath of a serious marine incident when their performance is necessary for the preservation of life or property or the protection of the environment. The marine employer shall ensure that all individuals engaged or employed on board a vessel are fully indoctrinated in the requirements of this subpart, and that appropriate vessel personnel are trained as necessary in the practical applications of these requirements. The marine employer shall ensure that all individuals engaged or employed on board a vessel are fully indoctrinated in the requirements of this subpart, and that appropriate vessel personnel are trained as necessary in the practical applications of these requirements.

21 Responsibilities of individuals directly involved in serious marine incidents. Any individual engaged or employed on board a vessel who is determined to be directly involved in a serious marine incident shall provide blood, breath or urine specimens for chemical tests when directed to do so by the marine employer or a law enforcement officer. Any individual engaged or employed on board a vessel who is determined to be directly involved in a serious marine incident shall provide blood, breath or urine specimens for chemical tests when directed to do so by the marine employer or a law enforcement officer. Alcohol tests shall be conducted within 2 hours of the incident but not later than 8 hours. Drug testing shall be conducted within 32 hours. Alcohol tests shall be conducted within 2 hours of the incident but not later than 8 hours. Drug testing shall be conducted within 32 hours.

22 If the individual refuses to provide blood, breath or urine specimens, this refusal shall be noted on Form CG-2692B and in the vessel's official log book, if one is required. If the individual refuses to provide blood, breath or urine specimens, this refusal shall be noted on Form CG-2692B and in the vessel's official log book, if one is required. No individual may be forcibly compelled to provide specimens for chemical tests required by this part; however, refusal is considered a violation of regulation and could subject the individual to suspension and revocation proceedings and removal from any duties which directly affect the safety of the vessel's navigation or operations. No individual may be forcibly compelled to provide specimens for chemical tests required by this part; however, refusal is considered a violation of regulation and could subject the individual to suspension and revocation proceedings and removal from any duties which directly affect the safety of the vessel's navigation or operations.

23 Questions??? If you are ever in doubt, contact your local Coast Guard Marine Safety Unit and seek their advice. If you are ever in doubt, contact your local Coast Guard Marine Safety Unit and seek their advice. You can also contact me with questions, LT Jason Boyer ext 246 You can also contact me with questions, LT Jason Boyer ext 246


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