This hypothetical ‘friend’ might want to not have 3 drinks two hours before a pre-employment physical regardless of what gets reported to who.
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Why not? If your not legally drunk from a civilian stand point, then why would that matter? It matters because, the entire time you have Merchant Mariner Credential you are subject to DOT drug and alcohol policy rather you are on the beach or under articles.
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The reason for the alcohol test in a pre-employment drug screen, is to see just how big of a dipsht you are. The bar is very low. Don’t drink before the test and you pass the dipsht test. That’s it.
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The law is strictly construed and doesn’t allow for broad interpretation. Any law must be such that it provides reasonable notice, to a reasonable person, as to what conduct is prescribed. Constitutional interpretation notwithstanding, and not relevant here.
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As was previously requested, if you have a citation contrary to these propositions please provide it/them.
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No body, not even fellow drunks want to work with anybody that stupid. Any respectable drunk would schedule the pre-employment physical for the morning so they wouldn’t have to limit themselves to only 3 drinks for lunch. Duh…
There’s more mariners than jobs available. Raising the bar just a tad bit to get hired & to keep a job isn’t a bad thing IMO. Not drinking before the pre employment physical is a no-brainer.
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So all those senior officer’s conferences where the company runs an open tab at the bar I can write up as a non conformance to the SMS? Come on man?
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The CFR’s mandate that you cannot consume any alcohol withing four hours of going on duty, and at no time, while on duty can you have a BAC of above .04, further being on duty is defined as anytime you are on ship under articles.
So, even if you were under articles you could have a BAC of well above .04, as long as you stopped drinking 4 hours before returning to your vessel, and when you did board, you were below .04,
The CFR’s on marijuana are different, the reg’s state you cannot consume cannabis while you hold a credential.
Is this fair? not really. Is it wise? not really.
But it is the reality we live under.
Just don’t be stupid. The stakes are real, your own fault if you can’t follow very simple guidelines. I am retired now and was no angel back in the day, but wouldn’t want people on board that have no sense of what the rules are now.
You folks have gone off the rails. This is no big deal and it’s not even a law yet if ever. Get over it have a drink it’s going to be ok.
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This covers most of what @DavidMT said I think:
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I think this is the part that needs citing. On scheduled duty means exactly that. If you are working 8hrs on 8 off you are not on scheduled duty every other 8 hours. Per the CFRs, it is perfectly ok to drink aboard your vessel in this situation as long as you stop 4 hours before your next watch, do not get intoxicated, and your BAC never exceeds .04. It is the company’s rules that don’t allow this.
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It’s my understanding that the USCG somehow requires companies to have a zero tolerance policy.
Zero tolerance means different Things to different people. Take diving as an example. Almost all jurisdictions tout their “zero tolerance” with respect to drinking and driving. But this doesn’t mean you can’t drink and drive. It only means there is a zero tolerance for drinking and driving impaired (I.e. with BAC above .08 percent or other signs of impairment).
APL used to sell beer in the slop chest and Matson had beer fueled cookouts upon leaving Hawaii… Anybody know if those things are not happening anymore?
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They have zero tolerance for drunk driving, the distinction being that that then relies upon the definition of “drunk”. Maritime companies with US flag vessels have zero tolerance policies for any and all alcohol and drug use onboard. I haven’t heard if a single company, no matter how small and podunk, that doesn’t have a true zero tolerance policy (even if it’s not/badly enforced).
If this is true, then I doubt it is USCG that was responsible for influencing these policies. Probably more likely the insurance companies.
The fact that mariners are subject to more stringent tests than most anyone else is a matter of politics not necessity. Sure, we don’t want truck drivers and ship captains operating drunk on alcohol or any other drug, that is common sense. But smoking a joint a month ago is cause for license revocation? No that’s not right. Is it right that the president who has control of nuclear weapons but is not subject to any drug test right? No. But if you are a mariner you have to abide by the rules until the rules are changed. Not fair but it is your congress critter that decided the rule.
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Matson has still has cookouts, at least of last December
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With alcohol?
Yes
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Hope this is true. I have had my fair share of dealing with druggies and drunks. Neither belong in the work place.