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Mandatory drug testing after marine accidents: Still working out the details

Several major marine accidents have occurred directly because the captain and or the crew were under the influence of alcohol, drugs or both. The Exxon Valdez disaster in 1989 is one of the most publicized. Not quite as well known is the Julie N accident, when a tanker rammed the Portland-South Portland Bridge in Maine spilling 180,000 gallons of oil. In 1998, a new federal law gave the Coast Guard the power to administer drug and alcohol testing. However the law has yet to be implemented into operations because there is still confusion about procedures.

The National Transportation Safety Board (NTSB) has made several recommendations to clear the confusion. Currently, the possibility that drugs or alcohol played a role in a marine accident cannot always be eliminated because there is no clear procedure on how to test the captain and crew. According to the NTSB, there were 27 instances of serious marine accidents since 1989 in which drug and alcohol testing were not properly completed.

The NTSB made the following recommendations:

  • Make it clear that alcohol testing should be performed before drug testing since results can vary much more quickly over time.
  • Review past incidents that were improperly handled for a “lessons learned” report.
  • Create guidelines for the Coast Guard to do testing within two hours of a serious marine accident if the employer will not or cannot perform the test.
  • Make a requirement that all oceangoing vessels including foreign commercial vessels, have drug and alcohol test kits on board in U.S. waters.
  • Outline exact procedures on how ships will determine who is in charge of testing, where the samples will be kept, etc.
  • Ensure that the language clearly states that breath or blood testing is for presence of alcohol, and urine testing is for dangerous drugs.
  • Make it clear that alcohol testing should begin within two hours of the accident, and drug testing within four hours. If alcohol tests are not completed within eight hours of the accident, they should not be made at all.
  • Make a requirement that mariners involved in a serious marine accident do not consume alcohol for eight hours after the accident, or until samples are collected, or until the Coast Guard dismisses them.

If you have been injured on a vessel, and drugs or alcohol played a factor, contact a personal injury lawyer at Jim S. Adler & Associates. Whether you were a passenger or working on board, we can help you get the compensation you need to cover medical bills, lost work, and mental anguish. Contact us right now by calling us directly, or fill in our easy-to-use online free case review by clicking the link below.

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