46 C.F.R. § 16.210

Pre-employment testing requirements

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(a) No marine employer may engage or employ any individual to serve as a crewmember unless the individual passes a chemical test for dangerous drugs for that employer.

(b) An employer may waive a pre-employment test required for a job applicant by paragraph (a) of this section if the individual provides satisfactory evidence that they have:

(1) Passed a chemical test for dangerous drugs, required by this part, within the previous six months with no subsequent positive drug tests during the remainder of the six-month period; or

(2) During the previous 185 days been subject to a random testing program required by § 16.230 for at least 60 days and did not fail or refuse to participate in a chemical test for dangerous drugs required by this part.

[CGD 90-053, 58 FR 31107, May 28, 1993, as amended by CGD 93-051, 59 FR 28792, June 3, 1994]

Notes of Decisions

Cited in 1 case, 1989–1989 · leading case: Transp. Inst. v. United States Coast Guard, 727 F. Supp. 648 (D.D.C. 1989).

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Transp. Inst. v. United States Coast Guard, 727 F. Supp. 648 (D.D.C. 1989). · cites it 2× “at 47,080 (to be codified as 46 C.F.R. § 16.210 ). This requirement applies to all prospective hires, except those who have either passed a preemployment or periodic drug test within the past six months or have been subject to random drug testing during the past twelve months…”

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