Wouldn’t this require a change to the DOT regs (49 CFR) ? Regulatory change is very slow.
2 Likes
Plus necessitate new labs while wiping out the lucrative piss collection industry. I hear the piss collectors have a strong lobbying influence in D.C.
1 Like
I’m fine with this as soon as the USCG holds it’s own personnel to the same standards.
1 Like
Agree, and to add to this thought, what problem would adding hair testing be solving?
1 Like
I agree. Everyone should be subject to all USCG regulations. Even when they are home, not under articles. There should be a zero policy for alcohol consumption 24/7 for the entire period of your life that you hold a uscg document. I see no problem with that.
2 Likes
What part is not true? You can be arrested at anytime for anything. Rather or not you are guilty or not is a different thing. Are you saying that you can lawfully get drunk when you are at home while holding a merchant mariner credential? You can not, its unlawful. If you drink when you are home, off articles, you are subject to USCG intoxication regs just like you was on watch on the bridge or engine department.
Do you have a cite for those…?
Care to explain the nexus between conduct at home, and “pulling your license” for an act of negligence while operating under the authority of the license?
3 Likes
Yes, it would, but I was leaving that alone for now. Sometimes, people who think its a great idea to get the doper are some really big hypocrites when it comes to their booze. Jus sayin
1 Like
Yes I am.
Ha. Somebody has told you a whopper.
I’m going to agree with you on this one.
The devil is in the details. When you fill out drug testing consent forms. You state, that you have never failed a DOT administered drug or alcohol test. (alcohol being above .04). I use to wonder when I was in SIU why in the hell they gave me a alcohol breathalyzer at my union physicals when I was home. I thought it was funny. I thought, well hell who cares If I was drunk, it would not matter. Oh, but yes it would matter. You see, its not just about a pre employment screening. Any law enforcement officer, who does a breathalyzer or administers other chemical tests such as blood, is DOT certified. Every test they give is considered a DOT test. Now, if you are not subject to DOT rules unlike a CDL or Train engineer, or pilot or Merchant Mariner, the DOT part does not really matter that much. But, if you are, depending on how it gets pushed, it absolutely means you failed a DOT administered drug or alcohol test. Again, it would require it to go somewhere in a data base, that would be found or you putting it on your application. Again, it clearly states, for DOT regulated testing. All police officers conducting a drug or alcohol test are DOT regulated.
Sure you can. As long as you dont find yourself subject to a alcohol test by a authorized person who is qualifed and under DOT testing. That includes every police officer there is…Think about your drug screen consent form you have failed out. It clearly states, have you ever failed a DOT drug test or alcohol higher than .04.A authorized person, in this case a leo, who is qualified and certified to give a DOT drug test is in fact administering that to you, even if its for public intoxication at a rock concert one week into your 120 days off at home…
You mean this form? I can’t seem to find the part you described.
Really? Can you cite something to support this?
Yes, sure you can. There are rules you must follow, as you’ve pointed out. The applicable regulations that cover this are 33 CFR PART 95—OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR A DANGEROUS DRUG.
Here is the most relevant reg:
§95.045 General operating rules for vessels inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code.
While on board a vessel inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code, a crewmember (including an officer), pilot, or watchstander not a regular member of the crew:
(a) Shall not perform or attempt to perform any scheduled duties within four hours of consuming any alcohol;
(b) Shall not be intoxicated at any time;
(c) Shall not consume any intoxicant while on watch or duty; and
(d) May consume a legal non-prescription or prescription drug provided the drug does not cause the individual to be intoxicated.
And 95.020 is where the .04 BAC you are citing comes from:
(b) The individual is operating a vessel other than a recreational vessel and has an alcohol concentration of .04 percent by weight or more in their blood;
But notice that these rules only apply while on a vessel.
I don’t know about all of that & doubt anyone would go that far. But from the hypothetical scenario that you describe, if a person is so drunk that they start shooting their mouth off at LEO’s over a simple disturbance of the peace call then the loud mouth drunk should go to jail if the LEO deems it neccessary. Let a judge & lawyers figure it out IMO. All LEO’s that I know seem like reasonable people & don’t get their jollies from fighting with drunk sailors who can’t handle their alcohol. Most of them would love it if they can go their whole shift playing on their phones without a single call. And from my experience, if a person is so dumb & such a weak drinker they don’t know when to STFU when a police officer shows up then the maritime industry won’t experience any great lose if that dumbass gets his USCG docs on probation or taken away. I used to love drinking but could never tolerate idiots who didn’t know how to drink, wouldn’t stop & didn’t know when to STFU when they got back on board. Again, no sympathy from me over the hypothetical scenario you describe.
Giving the benefit of the doubt that there is a shred or two of accuracy behind Ben’s postings, I’m guessing he’s making overly broad unsupported assumptions that the DOT regs that apply to commercial truck and bus drivers apply to mariners. 49 CFR Part 40 may have some information, if you are so inclined to do research (I am not).
1 Like
https://www.transportation.gov/odapc/part40/40-25
My apologies. Its also called a Drug test history. Depends on the company. Its the form you fill out, that you list all the previous companies from the previous 24 months, and you consent for all drug testing information to be made available. Now, does that mean the police officer who gave your a breathalyzer for a non driving offense turns that into the DOT data base? Probably not, especially since they would have no idea you was a merchant mariner, but they could.
They absolutely apply to us. We are, under the guise of the DOT, just like the USCG…well okay the USCG is DHS, but, we still fall under DOT regs as well. There is specific regs for pilots, and truck drivers etc, but from drug and alcohol testing standpoints not really. Secondly, and this is more of the devils in the details. You show up for your physical at 2pm. you had lunch and you had 3 drinks. You go over .04 bac on the breathalyzer. Was you on watch? Was you under articles? Does the employer who was giving you this pre employment physical required by law to report your results to the USCG? Yes, they are. Was you on the ship? no. Will you lose your documents? Probably. Now, you know why its set up the way it is.
Come on man…
1 Like
Well? Is that so not plausible? Am I wrong about your results being turned into the USCG? Was I wrong about being on or off the ship? Please tell me what part I was wrong about.