Who Is Subject to U.S. Coast Guard Chemical Testing Requirements—and What Are the Requirements?

Overview

This article explains who must comply with the U.S. Coast Guard’s (USCG) chemical testing requirements and what those requirements entail. Chemical testing—more commonly known as drug and alcohol testing—is a critical part of maritime safety compliance. Employers and mariners operating under USCG authority must understand when and how to implement these testing programs to remain compliant with federal regulations under 46 CFR Part 16 and 49 CFR Part 40.

Who Is Subject to USCG Drug and Alcohol Testing Requirements?

The U.S. Coast Guard's chemical testing requirements apply to a specific subset of maritime personnel defined as "covered employees." These include:

• Credentialed mariners: Any individual required to hold a USCG-issued Merchant Mariner Credential (MMC).

• Crews on vessels required to have licensed individuals: If a vessel requires licensed officers or certified ratings to operate legally, those crew members are subject to the testing program.

• Personnel performing safety-sensitive functions: This includes individuals who directly affect the safe operation of the vessel, such as:

  • Deckhands on towing vessels

  • Engineers

  • Lookouts

  • Wheelhouse personnel (pilots, captains)

  • Tankermen

• Employers/operators: Companies that employ individuals performing these functions must implement and manage compliant testing programs.

Note: USCG chemical testing requirements also apply to foreign vessels operating in U.S. waters if they engage in commercial service and have U.S. mariners onboard.

Required Drug and Alcohol Tests

USCG-mandated programs must include five types of testing, as required under 49 CFR Part 40 and 46 CFR Part 16:

1. Pre-Employment Testing

• Must be conducted before an individual is hired or assigned to a safety-sensitive position.

• Negative test result must be received prior to work.

2. Random Testing

• Must be conducted throughout the year using a scientifically valid random selection method.

• Minimum annual testing rate is set by the USCG (currently 50% for drugs; 25% for alcohol, if applicable).

• Employees must be tested immediately upon notification.

3. Reasonable Cause Testing

• Conducted when there is reasonable belief that an employee is under the influence due to observable behavior (e.g., slurred speech, impaired coordination).

• Supervisors must be trained to recognize symptoms of drug or alcohol use.

4. Post-Accident (Serious Marine Incident) Testing

• Required when a Serious Marine Incident (SMI) occurs. This includes:

  • Death

  • Injury requiring medical treatment beyond first aid

  • Damage over $100,000

  • Discharge of oil or hazardous substances

• Must test within 2 hours for alcohol and 32 hours for drugs.

• Employers must complete Form CG-2692B to report test results.

5. Return-to-Duty and Follow-Up Testing

• Required for mariners who tested positive or refused testing and are returning after completing the Substance Abuse Professional (SAP) process.

• Follow-up testing must be unannounced and continued for a prescribed duration (typically at least 6 tests in 12 months).

Program Administration Requirements

To comply with USCG regulations, employers must:

• Have a written drug and alcohol policy that meets DOT and USCG guidelines.

• Use SAMHSA-certified laboratories for drug analysis.

• Appoint a Designated Employer Representative (DER) to manage the program.

• Maintain all required documentation for at least 5 years, including test results, chain-of-custody forms, and training records.

• Submit Management Information System (MIS) reports annually, if required.

• Notify the Coast Guard of any positive drug test or refusal to test within 5 business days.

Compliance Tips

• Ensure all supervisors receive the required reasonable suspicion training (minimum 60 minutes on drug use, 60 minutes on alcohol misuse).

• Use a Consortium/Third Party Administrator (C/TPA) if you need help managing testing logistics.

• Keep detailed records of every test administered—even negative ones.

Regulatory References

• 46 CFR Part 16 – Chemical Testing Requirements

• 49 CFR Part 40 – DOT Drug and Alcohol Testing Procedures

• USCG Drug and Alcohol Program Information

• 49 CFR 40 – Electronic Code of Federal Regulations

• 46 CFR 16 – Electronic Code of Federal Regulations

Last updated: May 15, 2025 (reflects DOT and USCG regulations effective as of this date).