A. Testing Services For the term that begins the date this application is received by Eastern Lake Erie Charter Boat Association (ELECBA), to December 31, 2024 ELECBA will act as employer’s (Member Company) intermediary (as provided in 40.345) and will provide the Member Company: (1) A specimen collection site; (2) Specimen tested at a SAMHSA approved testing laboratory; (3) Computer generated random selection of periodic testing of employees; (4) Serious Marine Incident (SMI) testing available; (5) For cause testing available; (6) pre-employment testing available as explained in Section E below; (7) Medical Review Officer (MRO) services including verification of test results, chain of custody verification; (8) Recordkeeping of all positive test results for five years, and negative results for one year; (9) Management Information Systems (MIS) reporting to the Coast Guard and a Certificate of a MIS Filing during membership term; (10) Coast Guard notification of failures to test, termination, or positive test results as required by regulation and/or law.
B. Program Documentation ELECBA will provide Member Company: (1) Identification cards for all enrolled Captains and crew. Such cards will be used as proof of the employee’s enrollment in random drug testing, and will contain a unique ID number; (2) Membership sticker; (3) Access to a password-protected website containing a company drug testing policy, copies of Coast Guard regulations, and testing procedures. Upon request, ELECBA will also provide the following at no charge to the member a Coast Guard approved letter for license renewal.
C. Compliance The ELECBA’s services to the Member Company are in compliance with DOT/Coast Guard drug testing regulations, as contained in 46 CFR parts 4, 5, 16, and 49 CFR part 40. It is understood that should these DOT/Coast Guard drug-testing regulations be changed or modified, ELECBA retains the right to adjust fees to take into account any additional costs required by any new regulation.
D. Company Responsibilities (1) Per Coast Guard regulations, Member Company is responsible for complying with Coast Guard pre-employment testing regulations, as described in section E below; (2) To ensure that all crewmembers working on the vessel are in a drug testing consortium (3) To ensure that current mailing address, phone and fax numbers and email address are provided to ELECBA; (4) Company responsibilities include promptly enrolling new employees; and (5) Properly follow random testing instructions including taking any test as scheduled. The Member Company shall indemnify, hold harmless, and defend ELECBA against legal actions arising out of or in connection with Company’s failure to comply with federal law or policy due to any breach of this agreement.
E. Coast Guard Pre-Employment Test Regulations As required by 46 CFR part 16, when hiring a new employee or enrolling in a random program for the first time, members must submit to a pre-employment test prior to enrollment in any random testing program. Once a test is performed and an acceptable result is received, all enrollment benefits (see Sections A and B) apply to the new employee for the membership term. Any person joining a drug-testing program must be pre-employment tested upon enrollment to verify drug-free status. ELECBA offers this pre-employment test is available for an additional $50 per test. A person shall be deemed exempt from the pre-employment test if he/she has had a NIDA 5 Chemical Drug Test within 6 months prior to enrollment, or has been subject to random testing for 60 consecutive days within the past 185 days, as per 46 CFR part 16. ELECBA can only verify full compliance by having a copy of pre-employment documentation on file for each employee.
To submit this form is to agree and acknowledge that I have read the membership agreement, that I fully understand that violation of this policy will be grounds for Coast Guard notification and possible termination of my membership.
Captain and Mate applicants agree to participate in the ELECBA Random Drug Testing Consortium in accordance with the Department of Transportation, United States Coast Guard, 46 CFR Part 10, Chemical Drug Testing Programs for Commercial Vessel Personnel. Business members agree to enroll their captains and mates into the Random Drug Testing Consortium.
Testing is required at a designated testing facility with an ELECBA provided bar code. Use of non-designated facilities can result in additional charges to the member.