Maritime Lawyers

Drug Testing at Sea

When working on a ship, boat, or other marine vessel, safety is paramount. The nautical environment creates a multitude of inherent safety risks for everyone aboard the ship, crew and passengers alike. To ensure safe operation, all crew members must work together, follow regulations, and be able to respond appropriately to any situation that may arise. Any impairment, whether it be from sleep deprivation, alcohol consumption, or illegal substances, can seriously jeopardize the entire ship.

Because of the potential dangers associated with nautical work and travel, maritime law imposes strict regulations on all licensed seamen in regard to drug use. The Code of Federal Regulations mandates that all personnel for whom a license or merchant mariner’s document is required are subject to random drug tests.

If a drug test should come back positive, the law states that the tested person will be assumed to be a user of dangerous drugs. Only one positive test is required to justify this presumption. The test subject must be removed from any employment or duty which affects the safety of the ship as soon as possible, and will face legal proceedings for the revocation of his or her license, certificate of registry, or merchant mariner’s document.

Maritime law does not stipulate, however, how the random drug tests should be administered. Many companies hire contractors to perform the testing for them. Selection of employees for testing may also be carried out in several different ways, including by computer.

Keeping a ship’s crew drug-free is part of an shipping company’s obligation to keep its employees safe. If you have been injured at sea due to the negligence of your employer or another person, contact a maritime lawyer right away to learn about your rights. Call 800-220-9341 for a free initial consultation with a professional from Williams Kherkher today.