MANDATORY DRUG TESTING OF MERCHANT MARINE PERSONNEL

By Walter J. Brudzinski

(NOTE: "The following article, written by a practicing Administrative Law Judge, is a useful overview for MarEx readers of the USCG's drug-testing policy and what happens when a violation is alleged. For ease of reading, the footnotes have been removed. For a copy of the footnoted article contact the MarEx.")

INTRODUCTION

The U.S. Coast Guard is charged with, among other things, promulgating and enforcing regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States. The Coast Guard also exercises general regulatory authority over the Merchant Marine, its vessels, and its personnel. That authority includes establishing and classifying Merchant Marine personnel credentials as well as establishing professional and medical qualifications for those seeking to obtain credentials. It also includes authority to require holders of Merchant Mariner Credentials (MMCs) to be tested for alcohol and dangerous drugs. And, the Coast Guard may deny an MMC to any person who has been convicted of a dangerous drug law of the United States or a state within 10 years of application, or has ever been a user of or addicted to a dangerous drug.

Once a person obtains an MMC and an Administrative Law Judge (ALJ) finds that the MMC holder is, or has been, a user of or addicted to dangerous drugs, the law requires that the MMC be revoked. Further, if an ALJ finds that the MMC holder has been convicted of violating a dangerous drug law of the United States or a state within a 10 year period before the beginning of the administrative proceedings, the ALJ must either suspend or revoke the holder’s MMC. It is clear that these statutes intend to exclude drug users and violators of drug statutes from serving on U.S. vessels.