(a) Employers.
- (1) Employers must ensure that they and their crewmembers meet the requirements of this part.
- (2) Employers are responsible for all the actions of their officials, representatives, and agents in carrying out the requirements of this part.
- (3) All agreements and arrangements, written or unwritten, between and among employers and service agents concerning the implementation of DOT drug testing requirements are deemed, as a matter of law, to require compliance with all applicable provisions of this part and DOT agency drug testing regulations. Compliance with these provisions is a material term of all such agreements and arrangements.
(b) Medical Review Officer (MRO).
- (1) Individuals performing MRO functions must meet the training requirements and follow the procedures in 49 CFR part 40.
- (2) MROs may report chemical drug test results to the Coast Guard for unemployed, self-employed, or individual mariners.
- (c) Substance Abuse Professional (SAP). Individuals performing SAP functions must meet the training requirements and follow the procedures in 49 CFR part 40.
[USCG-2000-7759, 66 FR 42968, Aug. 16, 2001]