Summary:
Provides general policy on crewmember sharing between Charterboat Operators.
Charterboat Operators - sharing drug program enrollees.
Summary: Can charterboat operators share crew members enrolled in only one operator's drug program?
QUESTION: Can charterboat operators “share” crew members enrolled in only one operator’s drug program?
ANSWER: Charterboat operator may share crew members with another operator or from hiring independent consortium members as long as the chemical testing rules are followed. Written agreeements between the employers defining positive test reporting must be in effect in order to share crewmembers. These agreements must be retained on file and prodiuced during a DAPI audit.
Marine employers are required to conduct pre-employment tests. These tests can be waived if the marine employer determines that an individual has been in a random testing program for 60 days within the previous 6 months and has not tested positive or refused to take a chemical test.
Marine employers must ensure that serious marine incident testing and reasonable cause testing is conducted when required by the regulations.
Crewmembers in positions which require random testing must be in a random testing program.
GENERAL CONCERNS:
A consortium membership card does not prove that an individual has not tested positive or refused to take a test.
It may be difficult to arrange Post Casualty Testing or Reasonable Cause Testing for a “shared” crewmember who is not a member of the operator’s consortium or included on the operator’s list of covered employees.
Arrangements must be made well ahead of time to ensure that all employers of a “shared” crewmember are made aware of any positive test or refusal to test by the crewmember.