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15 resulting from a marine casualty; a discharge of a report- MOTOR CARRIERS able quantity of a hazardous substance into the naviga- ble waters or into the environment of the United States, The trucking industry, regulated by the FMCSA, has whether or not resulting from a marine casualty; or a approximately 802,740 employees subject to testing (Swart, marine casualty or accident required to be reported to the personal communication, Nov. 15, 2010). Coast Guard, involving a vessel in commercial service, and resulting in any of the following: one or more deaths, an Employees who must be tested: Drivers requiring a injury to any person (including passengers) that requires commercial driver's license (CDL) to drive commercial professional medical treatment beyond first aid, and, in the motor vehicles (CMV). A CMV is a vehicle with a gross case of a person employed on board a commercial vessel, weight rating of 26,001 or more pounds, is designed to trans- that renders the person unable to perform routine vessel port 16 or more occupants (including the driver), or is of any duties; damage to property in excess of $100,000; actual or size and is used in the transport of hazardous materials and constructive total loss of any inspected vessel; or actual or is required to be placarded. constructive total loss of any uninspected, self-propelled vessel of 100 gross tons or more. Types of tests for drugs: Pre-employment, random, postaccident, reasonable cause, return-to-duty, and follow- Reasonable suspicion determination (drugs): The up. The minimum annual percentage rate for random drug marine employer must have a reasonable and articulable testing is based on the positive rate for the two prior con- belief that the individual has used a dangerous drug. This secutive years for the entire industry. For the year 2011, the belief can be based on the direct observation of specific, con- minimum random drug-testing rate was set at 50%. temporaneous physical, behavioral, or performance indica- tors of probable use and, where practicable, based on the Types of tests for alcohol: Pre-employment (autho- observation of two persons in supervisory positions. rized, not mandated), random, postaccident, reasonable cause, return-to-duty, and follow-up. The minimum annual Reasonable cause determination (alcohol): The percentage rate for random alcohol testing is based on the employee was directly involved in the occurrence of a positive rate for the two prior consecutive years for the entire marine casualty, or the individual operated a vessel and the industry. For the year 2011, the minimum random alcohol effect of the intoxicant(s) consumed by the individual on the testing rate was set at 10%. person's manner, disposition, speech, muscular movement, general appearance, or behavior is apparent by observation. Definition of accident requiring testing: Any accident involving a fatality, any accident with bodily injury with Preduty alcohol use prohibition: Four hours before per- immediate medical treatment away from the scene and a formance of scheduled duty. citation given to the CMV driver, and any instance of dis- abling damage to any motor vehicle requiring tow away and Actions for BACs 0.0200.039: Not applicable. a citation given to the CMV driver. Employee training: Employers must provide education Reasonable suspicion determination: One trained with display and distribution of informational materials supervisor or company official can make the decision based and a community service hotline telephone number. Dis- on specific, contemporaneous, articulable observations con- tribution to each employee of the employer's policy regard- cerning the appearance, behavior, speech, or body odors of ing the use of drugs and alcohol is mandatory. Training the employee. must include the effects of drugs and alcohol on personal health, safety, and work environment, and the manifesta- Preduty alcohol use prohibition: Drivers cannot per- tions and behavioral cues that may indicate drug and alco- form safety-sensitive functions within 4 h after using alco- hol use and abuse. hol. No employer having actual knowledge that a driver has used alcohol within 4 h can permit a driver to perform or Supervisor training: One hour of training is required on continue to perform safety-sensitive functions. the effects of drugs and alcohol on personal health, safety, and work environment, and the manifestations and behav- Actions for BACs 0.0200.039: The employee cannot be ioral cues that may indicate drug and alcohol use and abuse. returned to duty until the next day or the start of the employ- ee's next regularly scheduled duty period, but not less than Reportable employee drug and alcohol violations: 24 h following the test. Results of all post-SMI tests and positive drug test results for all mariners who hold a license, certificate of registry, or Employee training: Employer must provide educational merchant mariner's document must be reported to the near- materials explaining drug and alcohol regulatory require- est Coast Guard Officer in Charge, Marine Inspection. ments and employer's policies and procedures for meeting