Have a question regarding UA’s. I’m in a consortium but not credentialed nor work in the maritime industry at this time. I am working on captains license though. I was called in for a UA and have used CBD recently and worry what sort of ramifications there are if I refuse the UA. Can I withdraw from the consortium/refuse the test at this time without issue since I am not working in the industry? Or will this set me back when I eventually take my exams in 9-10 months from now? Did not realize CBD can pop positive for Marijuana.
The question comes down to this:
Essentially what you are saying is that you work for a company that requires drug tests. If you refuse to take a company drug test the ramifications are strictly between you and that company. There is no mechanism for the company to report it to the USCG.
The rub comes if you are being tested as part of a Department of Transportation required testing regime. If you are a truck driver or locomotive engineer and refuse to take a test, your employer has to report you to the DOT. That info may make it way to the USCG, though the route is so circuitous it might not happen.
I entered the consortium (APSA) because I am eventually pursuing an OUPV. The consortium pulled my name for a random. It is a USCG 5 panel random. Again, I am not in the industry at all right now. So will the consortium report it to the USCG?
You seem to indicate that this is a DOT consortium. If you refuse the test it will be considered a fail, and be reported to DOT. The next question is, will DOT report it to USCG? Different federal department.
Out of curiosity, what is APSA and why are they using a USCG 5 panel test, if you don’t work in the maritime realm now? Is APSA a maritime training program?
How long/much did you use the CBD? A single time use a month ago is unlikely to show up on a test. Daily usage for a year is something else.
APCA i what I mean. A maritime school upsold the enrollment into it after doing their OUPV class. It is a maritime drug consortium.
I used it for a few weeks to help with sleep as I was adjusting to new meds. I am popping positive on at home UA kits.
One hope is this: thoroughly document when, what, and what you took. Reason for use, dates, receipts of purchase, etc… A prescription from a medical doctor would be gold.
If you test positive on the actual USCG-required test the Medical Review Officer looking at your lab results will always call you and ask you if there is any legal reason you should have THC in your system. (For example, glaucoma treatment.)
You don’t fail the test until the MRO says you have failed it, regardless of lab results. If you can convince the MRO you failed it for the reasons you have described, they may pass you. Or they may not. I suggest having the documentation at hand, ready to transmit it to the MRO when they call.
Thanks for your insight. It’s very much appreciated.
You might try some of the stuff that supposedly masks THC. Couldn’t tell you if they work or not. I leave that for others to comment.
They don’t. It’s a scam
They also look for masking agents in the test.
There have been bulletins from the USCG regarding the use of CBD products … MSIB 02-19 applies.
Yeah I wouldn’t try to cheat a test anyways that’s not how I roll. Tends to make things exponentially worse when you do stuff like that.
I was so hoping that link was what I thought it would be
Interesting situation. I can’t give you a definite answer.
I assume that as a maritime-based testing consortium, APCA has a typical USCG contact (probably Sector St. Petersburg) to which they report all non-negative tests (including refusals to test). That office would check to see if you held a license, and if you did, would forward the case to your local CG office for suspension and revocation action. During the S&R hearing, you would have the opportunity to dispute that the test was properly ordered as you were not in a position subject to the drug testing requirements at the time of selection.
Unless things have changed since I stopped doing this, should they find you not to be a credentialed mariner, they would create a record of your non-negative test in the database that the NMC could review upon your application for your credential and use as grounds to deny your application. I’m not sure what process NMC uses at this point, and you might have an opportunity to explain you weren’t technically subject to the testing requirements. Alternatively, they could make you go through the entire fitness for duty process before being eligible to apply again.
At this point, having been registered in the consortium and selected to test, a refusal to test or a positive test for THC metabolites would have the same impact. Personally, I would risk it with the test results themselves since there is a chance you might pass whereas a refusal to test is always going to go against you.
Edit: Reference - USCG Marine Safety Manual Volume V, Pages A3-17 to -18. Sorry I’m not as technologically savvy as Cavo to link it directly.
It never ceases to be amaze me that a product like this is mass manufactured.
Thank you for your insight as well. I’m going to take it Monday and I guess see what happens. It just sucks because it was supposed to be CBD. I don’t drink alcohol nor do I use drugs.
I sent you a PM,