Regimental Manual - APPENDIX G

APPENDIX G
Reviewed 22 February 2018

MASSACHUSETTS MARITIME ACADEMY CHEMICAL TESTING PROGRAM

Purpose:
This policy establishes the Chemical Testing Program for the Regiment of Cadets at Massachusetts Maritime Academy.

Summary: The US Department of Homeland Security, acting by and through the United States Coast Guard, has promulgated regulations (46CFR, Part 16) requiring the establishment of chemical testing for merchant marine personnel so as to promote a drug-free and safe work environment.  Additional testing procedures have been set forth by the Department of Transportation (DOT) in regulations 49 CFR Part 40 and will be applicable to all regimental cadets at Massachusetts Maritime Academy.  In some cases testing for blood alcohol content is also included in chemical testing requirements.

Subsequently, although certain states allow the recreational use of marijuana, the prohibitions as described by the United States Coast Guard (DOT) are still in place, and recreational and/or medicinal use is not allowed.

Program Test Procedures:
The Chemical Testing Program (CTP) at the Academy will be conducted in accordance with 46 CFR Part 16 (Chemical Testing) and 49 CFR Part 40 (Procedures for Transportation Workplace Drug Testing Programs).  A Consortia/Third Party Administrator (C/TPA) company, “Alere,” has been contracted to conduct all facets of the CTP at the Academy, to include random basis, post-accident and probable cause drug testing.  They are responsible for selection, collection, testing and reporting as approved by the Department of Transportation.

All chemical testing will be done using urine samples which will be tested for the following dangerous drugs under zero tolerance applicability:
     1. Marijuana
     2. Cocaine
     3. Opiates
     4. Phencyclidine (PCP)
     5. Amphetamines
     6. Designer drugs, including but not limited to synthetic drugs K2, Spice, herbal potpourris are banned substance.  All alcohol screening shall be done by breath analysis where a threshold of blood alcohol levels of 0.04% for shipboard interpretation of intoxication and 0.08% in shore side interpretation of intoxication is used.

Types of Testing Programs:
1. Any regimental cadet who has been subject to suspension or dismissal for aptitude or disciplinary infractions or was academically suspended for one semester or more, upon readmission shall report to the Academy after previously submitting a negative result DOT approved chemical testing for the five drugs specified above, referred to as pre-employment testing in the regulations, except:
     a. Cadets entering the Academy who have evidence that during the previous 185 days that has been subject to a random testing program required by 46 CFR Part 16.230 for at least 60 days and did not fail or refuse to participate in a chemical test for dangerous drugs.
2. Random Basis Testing (Dangerous Drugs):
    During each twelve (12) month period, twenty five percent (25%) of those cadets in the selection pool will be subject to random basis testing.  Since all cadets are automatically enrolled for each selection, it is probable that they will be selected more than one time each year.
3. Serious marine incident testing (dangerous drugs and alcohol):
     Any cadet directly involved in a serious marine incident is to be immediately chemically tested for evidence of dangerous drugs and alcohol in accordance with the requirements of 46 CFR Part 4.06. Collection of urine samples shall be done by a trained Academy employee or contractor, and blood-alcohol content sampling shall be done using a breathalyzer by a trained Academy employee or contractor.  Any cadet so tested shall be placed in non-safety sensitive positions until the results are determined.
4. Reasonable cause testing (dangerous drugs and alcohol):
     a. The Academy shall require any cadet who is reasonably suspected of using a dangerous drug to be immediately chemically tested for dangerous drugs.  The decision to test must be based upon a reasonable and justifiable belief that the individual has used a dangerous drug based upon direct observation of specific, contemporaneous physical, behavioral or performance indicators of probable use.  This belief shall be based upon the observation of the individual by two persons in supervisory positions, namely two of either the Vice President of Marine Operations, the Master of the Training Ship, the Commandant of Cadets, the Deputy Commandant of Cadets, or one of the Academy's licensed health care providers.  Testing will be conducted pursuant to the requirements of 46 CFR Part 16.250.  Any cadet so tested shall be place in non-safety sensitive positions until the results are determined.
     b. Testing for alcohol content may also be applied in similar circumstances of reasonable cause.  When testing for alcohol, the blood-alcohol content (BAC) shall be determined and the cadet tested shall be placed in non-safety sensitive positions until the effects of alcohol no longer exist.

Applicability:

     a. Cadets shall be subject to these requirements while enrolled in the Academy, whether in regimental dormitory living or regimental commuter status.
     b. When a cadet is notified that a random selection has identified him/her, they shall immediately report to the designated Academy collection site with phot identification to submit to the chemical testing.  Failure to report is interpreted as a positive result of the chemical testing.
     c. A cadet who does not submit to the random test, and has a bona fide medical or special liberty absence shall be tested immediatley upon return to the Academy.
     d. Should any testing program be required (random, serious marine incident or reasonable cause) aboard the ship while underway or in an out-port (US or Foreign), then collection samples shall be collected by trained Academy medical personnel and the chain-of-custody shall pass from them to the vessel's Master, who will then supervise transfer to C/TPA
     e. Chemical test results will be maintained separately from the individual's official personnel file.
     f. In conjunction with the C/TPA, positive test results will be reviewed by a Medical Review Officer who may act thereafter in accordance with 49 CFR, Part 40, which includes US Coast Guard notification.
     g. Cadets may obtain the results of the test administered to that cadet from the Commandant of Cadet's Office.
     h. Cadets with a confirmed positive test result may request a split sample testing, but under no circumstances will that cadet be permitted to re-test as a substitute for a specific collection.  Costs associated with split sample testing shall be the responsibility of the cadet requesting the test.
     i. Cadets with a confirmed positive test results shall be subject to disciplinary action, which may include suspension or dismissal and may also be required to participate in a drug user evaluation or rehabilitation program at his/her own expense.
     j. Cadets who possess a USCG Merchant Mariners Credential (MMC or Z-Card) and test positive shall be immediately reported to the nearest USCG Sector Office by the Commandant of Cadets.
     k. Cadets who do not possess MMC shall have a positive test report sent to the Regional Examination Center in Boston for addition to a candidate file profile.
     l. Any cadet who tests positive for dangerous drugs will be required to submit to a (so-called) Sweeney Cure Process, a process that has been accepted by the USCG for re-habilitation for users of dangerous drugs at his/her own expense.
     m. Any cadet who test above the threshold for BAC testing for alcohol, may be subject to disciplinary action, and in addition, may be required to participate in alcoholic evaluation and/or treatment at his/her own expense.

Anti drug abuse policy

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