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the initiation of reasonable cause testing should receive 60 In an attempt to neutralize this defense, USCG Marine Safety minutes of training in the detection of behavioral cues indicat- Advisory 06-16, issued on June 29, 2016, now speci? es that ing substance abuse. a marine employer notify the merchant marine selected for

With respect to random testing, however, well-intentioned random testing “discreetly and in writing.” maritime employers have been found to violate regulatory re- Safety Advisory 06-16 provides a useful summary of USCG quirements. The concept of randomness requires the absence random testing requirements, which concludes with the dire of a human intervention in the selection process. Thus, a ma- warning that non-compliance may result in civil penalties of rine employer utilizing a computer program that selected indi- up to $7,500 per day, per violation. The Coast Guard is trying vidual mariners for testing also violated Coast Guard regula- to get your attention. tions when decided to test the remaining crew members on a vessel, for good measure. Similarly, a marine employer who

Lee Seham is a partner in the labor/ determined that there was a drug problem on a particular ves- employment law ? rm of Seham, Seham, sel and, therefore, handpicked that vessel for “random” testing

Meltz & Petersen and General Counsel would violate Coast Guard requirements. The mandate that of the non-pro? t drug testing consortium

American Maritime Safety, Inc. Mr. random selection be conducted using a “scienti? cally valid

Seham has counseled numerous clients in method” may also the availability of an appropriate witness to the transportation industries concerning testify with respect to concept of scienti? c suitability.

employment-related drug and alcohol testing

In the context of license revocation proceedings based on an issues. Seham graduated from Amherst alleged “refusal” to submit to a random test, the Coast Guard

College and received his law degree from has confronted the defense that the mariner did not receive

New York University School of Law.

proper noti? cation that he/she had been selected for testing. www.maritimelogisticsprofessional.com 11

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