Back to Maritime Law Links Work Boat July 2006 Two-Hour Rule for Alcohol Testing Raises Questions By Tim Akpinar Reprinted with permission of Work Boat - To visit WorkBoat.com, go to Commercial Vessel Links and find Workboat Magazine at the top of the page. In 2006, mariners have had to deal with many new regulations, including one that mandates fingerprinting and making an appearance at regional exam centers for license renewal. On June 20, another controversial regulation goes into effect. On that date, mandatory alcohol testing must be conducted on anyone involved in a serious marine incident within two hours of the incident. Previously, the law only required that marine employers take all practical steps to conduct tests for alcohol or chemicals following a serious incident. As a result, many vessels will now carry alcohol-testing kits. The rule doesn’t specifically require vessels to carry the kits, but with just two hours to conduct the test, kits will likely become part of a boat’s standard inventory. Some of the questions and concerns about the new law include: ▪ Who will conduct the test? Anyone can conduct the test. This is a sticky issue. What if a deckhand or cook is forced to test the captain? Since vessel crews will take on a role traditionally carried out by the Coast Guard, the resulting situations can place shipmates in awkward positions. ▪ Do the saliva devices test for the quantity of alcohol in a person’s bloodstream? No. This is a big concern because the kits only indicate if alcohol is present. A major concern is disciplining an employee without knowing the actual alcohol level. ▪ What about testing for drugs? Specimens for drug testing will need to be collected within 32 hours. ▪ Are the saliva tests susceptible to error because of the presence of other substances? Possibly. For example, some people have expressed concern about what happens if a person had used mouthwash (which can contain alcohol) prior to a test. ▪ How much will the kits cost? The Coast Guard said the cost is around $113 for a package of 25 to 30 alcohol screening devices. ▪ Why can’t the Coast Guard perform the alcohol tests? The agency said it wouldn’t be practical for its personnel to respond to each incident and conduct tests because it would put a strain on its already limited resources. Tim Akpinar is a Little Neck, N.Y.-based maritime attorney and former marine engineer. He can be reached at 718-224-9824 or t.akpinar@verizon.net. All contents copyright ©2006 WorkBoat magazine Tim Akpinar is a Little Neck, N.Y.-based maritime attorney and former marine engineer. He can be reached at 718-224-9824 or t.akpinar@verizon.net Back to Top |
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