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Ex. AGY-USCG-PORTS-011 Context (guidance or announcement) Primary source read

MSIB 10-20

Novel Coronavirus (COVID-19) - Drug Testing Requirements

Commandant, U.S. Coast Guard, Office of Investigations and Casualty Analysis (CG-INV) · United States Coast Guard; nationwide (marine employers subject to 46 C.F.R. part 16) (Federal)

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The COVID Project
Context, not an order

This record is guidance or an announcement kept for context. It is not counted among the orders in force.

The record

Jurisdiction
United States Coast Guard; nationwide (marine employers subject to 46 C.F.R. part 16)
Level
Federal
Authority
46 C.F.R. part 16
Issued
2020-03-27 Mar. 27, 2020
Effective
2020-03-27
End
'will remain in effect during the COVID-19 national emergency' (national emergency continued past Sept. 30, 2021) (read as 2021-09-30)
In force
Mar. 27, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesOther
Addressees
  • marine employers
  • crewmembers in safety-sensitive positions
  • drug testing collection sites and laboratories
Functions reached
  • HR hiring and drug testing (collection sites closed or restricted)
  • WF crew availability
  • EMP employer testing programs
Character
context
Collection
Coast Guard and ports AGY-USCG-PORTS

Operative words

To help protect our essential maritime workforce, while also ensuring drug testing continues to serve as a deterrent, the Coast Guard is providing the following guidance, which, along with any subsequent updates, will remain in effect during the COVID-19 national emergency.... Random Testing: Operators shall continue to conduct random urinalysis tests reasonably spread throughout the year... Pre-Employment Testing: Employers must continue to require pre-employment drug tests for newly hired crewmembers as per 46 CFR 16.210.

Enforcement

46 C.F.R. 16.201; civil penalties under 46 U.S.C. 2115

Notes

Marine employers (towing, passenger vessels, offshore) had to keep testing while collection sites were closed by stay-home orders; the bulletin authorizes adjustments to the 50 percent random rate.

Retrieval note

Text read in full. it carries no independent legal effect. The enforceable instruments are the COTP orders, 33 C.F.R. 160.216, 33 C.F.R. 105.125 and the CDC orders the bulletin describes (already cited in the record's enforcement field). Cite the bulletin as evidence of the operating regime, not as an order).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.