33 C.F.R. § 95.050
Responsibility for compliance
(a) The marine employer shall exercise due diligence to assure compliance with the applicable provisions of this part.
(b) If the marine employer has reason to believe that an individual is intoxicated, the marine employer shall not allow that individual to stand watch or perform other duties.
Notes of Decisions
Cited in 2
cases, 1994–1995 · leading case: Exxon Shipping Co., a Delaware Corp. v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1994).
Exxon Shipping Co., a Delaware Corp. v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1994). “Marine employers are prohibited from allowing an intoxicated individual to “stand watch or perform other duties” ( 33 C.F.R. § 95.050 (b) (1993)) and must exercise “due diligence” to see that the regulations concerning intoxication are not violated ( 33 C.”
Thier v. Lykes Bros., Inc., 900 F. Supp. 864 (S.D. Tex. 1995). “The Defendants violated 33 C.F.R. § 95.050 by failing to exercise due diligence to ensure that no member of the crew violated 33 C.”
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