C.F.R. » Title 33 » CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER F—VESSEL OPERATING REGULATIONS › PART 95—OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR A DANGEROUS DRUG

33 C.F.R. § 95.035

Reasonable cause for directing a chemical test

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(a) Only a law enforcement officer or a marine employer may direct an individual operating a vessel to undergo a chemical test when reasonable cause exists. Reasonable cause exists when:

(1) The individual was directly involved in the occurrence of a marine casualty as defined in Chapter 61 of Title 46, United States Code, or

(2) The individual is suspected of being in violation of the standards in §§ 95.020 or 95.025.

(b) When an individual is directed to undergo a chemical test, the individual to be tested must be informed of that fact and directed to undergo a test as soon as is practicable.

(c) When practicable, a marine employer should base a determination of the existence of reasonable cause, under paragraph (a)(2) of this section, on observation by two persons.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, Apr. 1, 1988]
Notes of Decisions
Cited in 2 cases, 1994–2015 · leading case: Exxon Shipping Co., a Delaware Corp. v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1994).
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Exxon Shipping Co., a Delaware Corp. v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1994). · cites it 2× “33 C.F.R. § 95.035 (1993). A crew member who is intoxicated while on duty is guilty of a crime and is hable for a civil penalty.”
Seiu Healthcare Pennsylvania, CTW, CLC v. Reg'l Hosp., 106 F. Supp. 3d 523 (M.D. Penn. 2015). “In vacating the arbitration award which ordered the reinstatement of the employee, the Court founded its decision on the public policy expressed in the Coast Guard Regulations at 33 C.F.R. § 95.035 , which permit testing for alcohol or drugs when a crew member is involved in an…”
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