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Alton:
How does the dive industry get away with only sporadic use of testing? Are
the regulations simply not being enforced? Out of curiousity I looked up the
USCG pre-employment drug testing regulations at 40 CFR 16.210 and they are
pretty explicit. I read these regulations to require manadatory
pre-employment testing for ALL crew members that work at sea. This would
appear to apply to any divemaster that works at sea. The UCGC regs at 46 CFR
16 also include requirements for periodic testing, random testing, and testing
after serious marine accidents. These also appear to apply to divemasters
working at sea. I was never able to get out of any of this when I used to
work at sea as a fisheries observer. Here's the CFR cite for pre-employment
testing. The entire section can be found at
http://www.access.gpo.gov/nara/cfr/waisidx_99/46cfr16_99.html
---------------------------------------------------------
[Code of Federal Regulations]
[Title 46, Volume 1, Parts 1 to 40]
[Revised as of October 1, 1999]
TITLE 46--SHIPPING
PART 16--CHEMICAL TESTING--Table of Contents
Subpart B--Required Chemical Testing
Sec. 16.210 Pre-employment testing requirements.
(a) No marine employer shall engage or employ any individual to
serve as a crewmember unless the individual passes a chemical test for
dangerous drugs for that employer.
(b) An employer may waive a pre-employment test required for a job
applicant by paragraph (a) of this section if the individual provides
satisfactory evidence that he or she has:
(1) Passed a chemical test for dangerous drugs, required by this
part, within the previous six months with no subsequent positive drug
tests during the remainder of the six-month period; or
(2) During the previous 185 days been subject to a random testing
program required by Sec. 16.230 for at least 60 days and did not fail or
refuse to participate in a chemical test for dangerous drugs required by
this part.
------------------------------------------------------------------------
> -----Original Message-----
> From: Alton Hall, Jr. [mailto:ahall@da*.co*]
> Sent: Saturday, June 17, 2000 10:47 AM
> To: Trey
> Cc: Christian Gerzner; klind@al*.ne*; Techdiver
> Subject: Re: Dive Master's Wanted
>
>
> Interestingly random drug testing is used only sporadically in the
> commercial
> dive industries. As of last week the Federal Appellate Court that
> controls the
> Gulf states ruled that OSHA did not apply leaving only USCG regulations. The
> Coast Guard requires mandatory drug testing in all cases involving serious
> injury. I am often amazed at the high rate of drug use detected when such
> "unannounced" testing is performed. Recently a 10 man dive crew
> all tested positive for either cocaine or marijuana use. Perhaps the ADC can
> learn a lesson from the WKPP.
> Alton
>
> Trey wrote:
>
> > OK, I thought maybe you were Chrissy Brown in disguise or
> something. I know
> > for a fact how stupid drug use is, and will not tolerate it in
> the WKPP, and
> > neither will any other intelligent person who knows anything about drugs.
> >
> > -----Original Message-----
> > From: Christian Gerzner <christiang@pi*.co*.au*>
> > To: Trey <trey@ne*.co*>
> > Cc: klind@al*.ne* <klind@al*.ne*>; Techdiver
> <techdiver@aquanaut.com>
> > Date: Saturday, June 17, 2000 12:00 AM
> > Subject: Re: Dive Master's Wanted
> >
> > >Trey, Kent,
> > >
> > >My comment may have been taken incorrectly, I simply was trying to say
> > >that it is sad that the drug problem has apparently escalated to such an
> > >extent in your neck of the woods that drug testing now seems to be a
> > >routine requirement for "mission critical" operations.
> > >
> > >No, it is not a requirement (yet?) in Oz.
> > >
> > >Christian
> > >
> > >Trey wrote:
> > >>
> > >> Kent, I agree with you 100% .
> > >> -----Original Message-----
> > >> From: Kent Lind <klind@al*.ne*>
> > >> To: Christian Gerzner <christiang@pi*.co*.au*>
> > >> Cc: Techdiver <techdiver@aquanaut.com>; AtlanticDiver
> > >> <AtlanticDiver@li*.co*>
> > >> Date: Thursday, June 15, 2000 10:25 AM
> > >> Subject: RE: Dive Master's Wanted
> > >>
> > >> >Actually, I don't think they have a choice. I believe that US law
> > requires
> > >> >mandatory drug testing of all companies that employ a certain
> number of
> > >> people
> > >> >at sea. All the commercial fishing companies are required to do drug
> > >> testing
> > >> >and I was required to do it when I was working at sea as a fisheries
> > >> observer.
> > >> >So I doubt that it's something that that Outer Banks Dive
> Center thought
> > up
> > >> on
> > >> >their own.
> > >> >
> > >> >In any event, I don't get the thrust of your comment. If you were
> > running
> > >> a
> > >> >dive boat, would you want to place your customers in the hands of a
> > drugged
> > >> >out divemaster? Maybe you do things differently in Australia.
> > >> >
> > >> >-Kent-
> > >> >
> > >> >> -----Original Message-----
> > >> >> From: Christian Gerzner [mailto:christiang@pi*.co*.au*]
> > >> >> Sent: Tuesday, June 13, 2000 9:53 PM
> > >> >> To: Alex Varouxis
> > >> >> Cc: Techdiver; CyberDiver@eg*.co*; AtlanticDiver
> > >> >> Subject: Re: Dive Master's Wanted
> > >> >>
> > >> >>
> > >> >> Alex Varouxis wrote:
> > >> >> (small snips)
> > >> >>
> > >> >> > The Outer Banks Dive Center in Nags Head NC is looking
> for Full and
> > >> Part
> > >> >> > times Dive Masters. For more information give them a call at
> > >> >> 252-449-8349 or
> > >> >> > e-mail them at macd1@ob*.co*. Must be Drug Free and
> pass a drug
> > >> test.
> > >> >>
> > >> >> > Must be Drug Free and pass a drug test.
> > >> >>
> > >> >> Maybe it's just my age but I find that statement just so
> dispiriting.
> > :-(
> > >> >>
> > >> >> Christian
> > >
> >
> > --
> > Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'.
> > Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'.
>
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