Regimental Manual - APPENDIX M

APPENDIX M
Reviewed 22 February 2018

 DRUG-FREE WORKPLACE

The President
January 4, 2013

Drug-Free Workplace

The Massachusetts Maritime Academy under the directive of The US Department of Homeland Security, acting by and through the United States Coast Guard, and in compliance with the federal Drug-Free Workplace Act of 1988, has promulgated regulations (46 CFR, Part 16) requiring the establishment of chemical testing for all personnel in the workplace. Evidence clearly indicates that substance abuse by employees results in low productivity, high absenteeism, excessive use of medical benefits, and a risk to their own safety as well as that of their co-workers. In a good faith effort to comply with federal regulations, the Massachusetts Maritime Academy wants to reemphasize its long-standing policy against the use of illegal drugs and alcohol on Academy premises. It is prohibited for any employee of the Massachusetts Maritime Academy to unlawfully manufacture, distribute, possess or use controlled substances at the workplace. Also, MMA employees involved in vessel operations must comply with 46 CFR Part 16 - Chemical Testing.

The Massachusetts Maritime Academy has taken steps to combat the dangers posed by substance abuse. Two of the many resources available to you include the Governor's Alliance Against Drugs (which provides drug and alcohol education materials and is active in local schools and communities) and the state Department of Public Health's Division of Substance Abuse which has an information and referral hotline (800-327-5050).

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, Drug USA, 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, and will be tested for the following dangerous drugs under zero-tolerance applicability:
     1.  Marijuana
     2.  Cocaine
     3.  Opiates
     4.  Phencyclidine (PCP) and
     5.  Amphetamines
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.  All regimental cadets shall initially report to the Academy after previously submitting a negative result DOT approved chemical testing for the five drugs specified above. This is referred to as pre-employment testing in the regulations. However, cadets entering the Academy that have evidence that during the previous 185 days 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 may submit that document in lieu of the drug test. The requirement of this section is also applicable to any returning cadet that has been subject to suspension or dismissal for aptitude infractions, or was academically suspended for one semester or more.

2. Random Basis Testing (dangerous drugs):
During each twelve (12) month period, fifty percent (50%) of those persons in the selection pool will be subject to random basis testing. Since all cadets are automatically enrolled for each selection, the possibility of being selected more than one time each year is probable.

3. Serious marine incident testing (dangerous drugs and alcohol):
Any one 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 person 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 person 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 articulable 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 President, Vice President of Students Services, the Vice President of Operations, the Master of the Training ship, the Commandant of Cadets, the Assistant Commandant of the Cadets, or one of the Academy's licensed health care provider staff. Testing will be conducted pursuant to the requirements of 46 CFR Part 16.250. Any person so tested shall be placed in non-safety sensitive positions until the results are determined.
     b. Testing for alcohol content may also be applied in similar circumstance of reasonable cause. When testing for alcohol, the blood-alcohol content (BAC) sampling shall be done using a breathalyzer by a trained Academy employee or contractor. Any person so 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. Employees designated as subject to 46 CFR, Part 16 are subject to these requirements as long as they are employees of the Academy.
b. When a person is notified that a random selection has selected him or her, they shall immediately report to the designated Academy collection site with photo identification and submit to the chemical testing. Failure to report is interpreted as a positive result of the chemical testing.
c. A person that does not submit to the random test, and is on a bona fide medical or vacation leave, or special liberty absence, shall be tested immediately 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 the transfer to the 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. Employees may obtain the test results by contacting the Human Resources Department.
h. Persona with a confirmed positive test result may request a split sample testing, but under no circumstances will that person 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 result 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. Employees with positive test results will be subject to disciplinary action in accordance with applicable statues and their collective bargaining agreement (if applicable).
j. Persons who possess a USCG Merchant Mariners Document (MMD/Mariners credentials) and test positive shall be immediately reported to the nearest USCG Sector Office by the Vice President of Student Services.
k. Persons who do not possess a MMD/Mariners credentials shall have a positive test report sent to the Regional Examination Center in Boston for addition to a candidate file profile.
l. Any person that 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.
m. Any person who tests 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.
RADM R. G. Gurnon, USMS
For a signed version, please see the printable Regimental Manual.
 

 


RUBIN and
RUDMAN LLP
Attorneys at Law

50 ROWES WHARF I BOSTON, MA 02110 I P: 617-330-7000
800 CONNECTICUT AVE. NW I WASHINGTON, DC 20006 1 P: 202-794-6300
99 WILLOW STREET I YARMOUTHPORT, MA 02675 1 P: 508-362-6262

Alison Little Sabatello
Direct Dial: 617-330-7094
E-mail: ASabatello@rubinrudman.com
Return Address: Boston

MEMORANDUM

To: Presidents
cc: Vincent A. Pedone
From: Alison Little Sabatello
Re: Recreational Use of Marijuana in Massachusetts
Date: November 21, 2016

As you know, Ballot Question 4 was approved by Massachusetts voters on November 8th. Question 4 authorizes the recreational use and possession of marijuana by adults in the Commonwealth. When this new law takes effect on December 15, 2016, a person over 21 years of age may possess up to one ounce (1 oz.) of marijuana outside of his or her residence and no more than ten ounces (10 oz.) inside of his or her residence. In addition, a person may grow up to six marijuana plants inside of his or her home.

Despite this new recreational marijuana law, no changes need to be made in the way that the Universities deal with marijuana use on their campus. The Universities must still comply with the federal Drug-Free Schools and Communities Act, which prohibits use or possession of marijuana (still a federal controlled substance) on campus grounds. Accordingly, no person may consume or possess marijuana in a public space or smoke marijuana where smoking tobacco is prohibited Similarly, the act of supplying marijuana to persons under the age of 21 remains unlawful. The recreational marijuana law will also not affect existing laws regarding operation of any motorized vehicles while under the influence. Thus, students and employees may be disciplined under University policies for the use or possession of marijuana on campus.

As with the medical marijuana law in Massachusetts, the recreational marijuana law will permit employers to prohibit the consumption of marijuana by employees in the workplace. The Universities, therefore, are not required make accommodations for any employee to possess or consume marijuana in the workplace; similarly, students with valid medical marijuana cards may not possess or consume marijuana in the residence halls, and the Universities may wish to consider allowing such students to be released from their housing contracts.

While the recreational marijuana law will take almost immediate effect, regulations from different government entities have yet to be developed. The new Cannabis Control Commission, for example, is to promulgate its initial regulations by September 15, 2017. In addition, the law allows cities and towns to adopt reasonable restrictions on the operation of marijuana businesses in their communities. The bottom line is that while Question 4 has expanded the lawful use and possession of marijuana by adults in Massachusetts, the Universities remain obligated by Federal law to ensure that there is no use or possession on their campuses.

Please distribute this brief memorandum to your Communications, Residence Life, Public Safety and Student
Affairs offices, as well as to any other office or employees who may find it helpful. Please feel free to contact
me at any time if you have questions regarding the Commonwealth's new recreational marijuana.