C.F.R. » Title 46 » CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER A—PROCEDURES APPLICABLE TO THE PUBLIC › PART 4—MARINE CASUALTIES AND INVESTIGATIONS › Subpart 4.06—Mandatory Chemical Testing Following Serious Marine Incidents Involving Vessels in Commercial Service

46 C.F.R. § 4.06-1

Responsibilities of the marine employer

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Link to an amendment published at 91 FR 39486, June 30, 2026.

(a) At the time of occurrence of a marine casualty, a discharge of oil into the navigable waters of the United States, a discharge of a hazardous substance into the navigable waters of the United States, or a release of a hazardous substance into the environment of the United States, the marine employer shall make a timely, good faith determination as to whether the occurrence currently is, or is likely to become, a serious marine incident.

(b) When a marine employer determines that a casualty or incident is, or is likely to become, a serious marine incident, the marine employer shall take all practicable steps to have each individual engaged or employed on board the vessel who is directly involved in the incident chemically tested for evidence of drug and alcohol use as required in this part.

(c) The marine employer determines which individuals are directly involved in a serious marine incident (SMI). A law enforcement officer may determine that additional individuals are directly involved in the SMI. In these cases, the marine employer must take all practical steps to have these additional individuals tested according to this part.

(d) The requirements of this subpart do not prevent personnel who are required to be tested from performing duties in the aftermath of an SMI when their performance is necessary to respond to safety concerns directly related to the incident.

(e) The marine employer shall ensure that all individuals engaged or employed on board a vessel are fully indoctrinated in the requirements of this subpart, and that appropriate vessel personnel are trained as necessary in the practical applications of these requirements.

[CGD 86-067, 53 FR 47078, Nov. 21, 1988, as amended by USCG-2000-7759, 66 FR 42967, Aug. 16, 2001; USCG-2001-8773, 70 FR 75960, Dec. 22, 2005]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1989–2022 · 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). “at 47,078-79 (to be codified as 46 C.F.R. §§ 4.06-1 to 4.06-60). (5)Reasonable Cause Testing.”
Freedom Found. v. Dep't of Transp., 276 P.3d 341 (Wash. Ct. App. 2012). · cites it 2× “pdf (last visited January 12, 2012). [17] 46 C.F.R. § 4.06 refers to the USCG's regulations for mandatory chemical testing following serious marine incidents involving vessels in commercial service.”
Transporter Marine, Inc. v. Newfield Expl. Co., 217 F.3d 335 (5th Cir. 2000). · cites it 2× “In the alternative, we affirm the ruling of the district court to the extent it determined that, under the particular facts of this case, the regulatory enforcement action by the Coast Guard would not fall within the ambit of the Limitation of Liability Act even if it were…”
Garcia v. Vitus Energy, LLC (D. Alaska 2022). · cites it 2× “”20 Pursuant to 46 C.F.R. § 4.06-1 (b), when a marine employer determines that a marine casualty or incident is, or is likely to become, a serious marine incident, the marine employer shall take all practicable steps to have each individual engaged or employed on board the…”
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