1. (a) Applicability. An employee who is a crewmember is subject to §4.32 and §4.33 of this title (relating to All Department Employees and Employees Who Drive for the Department) and the prohibitions in §4.34(b) of this title (relating to Commercial Drivers), as well as the requirements of this section.

2. (b) Testing.

   1. (1) Pre-employment testing. Pre-employment testing for a crewmember will be conducted pursuant to §4.34(c)(1) of this title.
   2. (2) Post-accident testing. An alcohol test and a drug test will be administered to a crewmember who is directly involved in a serious marine accident pursuant to §4.34(c)(2) of this title. Testing should be done as soon as practicable even if it is after the specified time period.
   3. (3) Reasonable cause testing. Testing will be conducted pursuant to §4.32(b) of this title.
   4. (4) Random testing. All crewmembers are subject to random testing for alcohol and dangerous drugs, as described in §4.34(c)(4) of this title. Random selection of crewmembers may be accomplished by periodically selecting one or more shifts and testing all crewmembers, provided each shift remains equally subject to selection.

3. (c) Administrative and disciplinary actions.

   1. (1) Violations. A crewmember who violates §4.34(b)(1)-(5) of this title will be subject to the administrative and disciplinary actions described in §4.32(c)(1)(B) of this title.
   2. (2) Reporting and removal from duties. The substance control officer shall report the positive test result, in writing, to the nearest Coast Guard Officer in Charge, Marine Inspection (OCMI) and shall have the supervisor remove the individual from duties which directly affect the safe operation of the vessel as soon as practicable. The supervisor or substance control officer will immediately remove a crewmember from duties listed in §4.32(b)(2)(C) of this title and assign other duties, if available, until he or she meets all of the criteria listed in §4.32(d)(3) of this title.
   3. (3) Medical review officer assessment. The employee will be required to be assessed and found by the medical review officer to be drug-free and to pose a sufficiently low risk for subsequent illegal drug use to justify his or her return to work.
   4. (4) Refusal to consent to testing. A crewmember will be terminated if he or she engages in any of the behaviors described in §4.34(d)(3) of this title.

4. (d) Mandatory referral and treatment.

   1. (1) Mandatory referral. A mandatory referral to the EAP will be made pursuant to the policies and procedures of §4.32(d) of this title.
   2. (2) Treatment. The policies and procedures for EAP treatment are described in §4.32(d)(2) of this title.
5. (e) Education. Training shall be conducted for crewmembers and their supervisors. The training shall be at least 60 minutes in length and shall address the effects and consequences of drug and alcohol use on personal health, safety and the work environment; and the manifestations and behavioral changes that may indicate drug and alcohol use.

Source Note:The provisions of this §4.35 adopted to be effective October 27, 1995, 20 TexReg 8461; amended to be effective December 13, 1998, 23 TexReg 12452.