Eternal Father ...
- Oct 21, 2009
Its in the DOT regs@KPEngineer do you know the regs on alcohol consumption-they are not easy to find. Another thing the USCG could to is to address this issue in the ISM Requirements for U.S. Flag vessels. Seems to me the U.S.C.G. is slow to respond. Anyone know the right U.S.C.G. group to contact?
49 CFR 655.31(b)
(b) Each employer shall prohibit a covered employee, while having an alcohol concentration of 0.04 or greater, from performing or continuing to perform a safety-sensitive function.
You could make the case that alcohol use should be prohibited at all times on a ship
49 CFR 655.33 Pre Duty Use
(b) On-call employees. An employer shall prohibit the consumption of alcohol for the specified on-call hours of each covered employee who is on-call.
49 CFR 655.4 does not define “on call” but do define “performing a safety sensitive functions” as:
“Performing a safety sensitive function means a covered employee is considered to be performing a safety-sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions.”. The fact that I have an assignment per the muster station bill and unable to leave the vessel renders me “immediately available to perform such functions”
There is also this from the USCG regs
46 CFR 4.05-1 (a)(6) Notice of Marine Casualty
(a) Immediately after the addressing of resultant safety concerns, the owner, agent, master, operator, or person in charge, shall notify the nearest Sector Office, Marine Inspection Office or Coast Guard Group Office whenever a vessel is involved in a marine casualty consisting in -
(6) An injury that requires professional medical treatment (treatment beyond first aid) and, if the person is engaged or employed on board a vessel in commercial service, that renders the individual unfit to perform his or her routine duties; or
I would suggest that a rape victim suffers “an injury that requires professional medical treatment (treatment beyond first aid)” Per 46 CFR 4.05.12 this would also trigger reporting the requirement for alcohol/chemical testing “the marine employer shall determine whether there is any evidence of alcohol or drug use by individuals directly involved in the casualty.”
I would ask USCG HQ Public Affairs why the US Coast Guard is not enforcing Marine Casualty regulations as it relates to SASH?