46 C.F.R. § 16.101
Purpose of regulations
(a) The regulations in this part provide a means to minimize the use of intoxicants by merchant marine personnel and to promote a drug free and safe work environment.
(b) These regulations prescribe the minimum standards, procedures, and means to be used to test for the use of dangerous drugs.
(c) As part of a reasonable cause drug testing program established pursuant to this part, employers may test for drugs in addition to those specified in this part only with approval granted by the Coast Guard under 49 CFR part 40 and for substances for which the Department of Health and Human Services has established an approved testing protocol and positive threshold.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1993–2024 · leading case: Exxon Shipping Co. v. Exxon Seamen's Union, 993 F.2d 357 (3rd Cir. 1993).
Exxon Shipping Co. v. Exxon Seamen's Union, 993 F.2d 357 (3rd Cir. 1993). “7 It would undermine the regulations’ stated purpose “to minimize the use of intoxicants by merchant marine personnel and to promote a drug-free and safe work environment,” 46 C.F.R. § 16.101 (a). Reinstating Foster would thwart achievement of the overriding interest in public…”
Exxon Corp. v. Esso Workers' Union, Inc., 118 F.3d 841 (1st Cir. 1997). “” 46 C.F.R. § 16.101 (a) (1996). The Federal Railroad Administration has adopted regulations crafted to “prevent accidents and casualties in railroad operations that result from impairment of employees by alcohol or drugs.”
Cleveland Bd. of Educ. v. Int'l Bhd. of Firemen & Oilers Local 701, 696 N.E.2d 658 (Ohio Ct. App. 1997). “It would undermine the regulations’ stated purpose ‘to minimize the use of intoxicants by merchant marine personnel and to promote a drug-free and safe work environment,’ 46 C.F.R. § 16.101 (a). Reinstating Foster would thwart achievement of the overriding interest in public…”
Catlett v. Atl. Capes Fisheries, Inc. (D.N.J. 2024). “First, Defendants’ attempt to rely upon 46 C.F.R. § 16.101 , et seq. lacks merit.”
Seiu Healthcare Pennsylvania, CTW, CLC v. Reg'l Hosp., 106 F. Supp. 3d 523 (M.D. Penn. 2015). “It would undermine the regulations’ stated purpose “to minimize the use of intoxicants by merchant marine personnel and to promote a drug-free and safe work environment,” 46 C.F.R. § 16.101 (a). Reinstating Foster would thwart achievement of the overriding interest in public…”
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