USCG

ATTENTION Coast Guard regulated employees

When the USCG suspends a certification or license due to a drug test violation, it usually requires the Coast Guard "Sweeney Cure Process". This process is NOT managed in any part by the SAP. The Return-to-Duty Process as regulated in 49 CFR Part 40 is a process required for ALL employees who have violated their drug testing policy and who are regulated by any administration (USCG, FMCSA, PHMSA, FAA, FRA, FTA) of the Department of Transportation who have violated their drug testing regulations.

The USCG "cure" process for mariners—frequently referred to as the Sweeny Cure—is rooted in federal statute 46 U.S.C. § 7704(c) and implemented via 46 CFR Part 5 (Suspension and Revocation Proceedings) alongside foundational Coast Guard Vice Commandant/Commandant Appeal Decisions (specifically Appeal Decision 2535 (SWEENEY) and subsequent case law like Cook).

Governing Law and Regulations of the Coast Guard "Cure" Process

Statutory Authority: 46 U.S.C. § 7704(c) mandates the revocation of a merchant mariner credential for dangerous drug use or addiction, unless the mariner provides satisfactory proof that they are "cured".
Administrative Regulation: 46 CFR Part 5 governs the overall Coast Guard personnel marine investigation and administrative suspension-and-revocation (S&R) process where the cure defense is raised.
Controlling Administrative Case Law: The explicit two-step framework defining what constitutes a legal "cure" was established in Appeal Decision 2535 (SWEENEY) and clarified further in later decisions (such as USCG v. Cook).

How does the Return-to-Duty Process differ from the Coast Guard Cure Process?

Key Differences in Purpose and Scope

Return-to-Duty (RTD) Process:
- Governing Body: Department of Transportation (DOT) / 49 CFR Part 40.
- Primary Goal: Clears a commercial employee to return to safety-sensitive job duties with an employer.
- Management: Overseen entirely by a qualified Substance Abuse Professional (SAP) and the employer. [1, 2, 3]

Requirements and Timeline

Return-to-Duty (RTD):
- Requires a face-to-face SAP evaluation.
- Completion of prescribed education or treatment.
- Passing a single, directly observed return-to-duty drug/alcohol test ordered by the employer.
- Implementation of an employer-managed follow-up testing plan. [1, 2]

Key Differences in Purpose and Scope

Sweeney Cure Process:
- Governing Body: U.S. Coast Guard Office of Investigations and Analysis (administrative law / 46 U.S.C. § 7704).
- Primary Goal: Restores a mariner's suspended or revoked Merchant Mariner Credential (MMC) or license.
- Management: Proved to the Coast Guard through formal administrative submission; it is not managed or administered by a DOT-SAP. [2]

Requirements and Timeline

Sweeney Cure:
- Requires completion of a government certified drug rehabilitation program.
- Imposes a strict legal requirement to prove 12 consecutive months of complete non-association with drugs following the rehabilitation program.
- The burden of proof rests legally on the mariner responding to the Coast Guard suspension action. [1, 2]

Are the Coast Guard "Cure" Process and the Return-to-Duty Process the Same Thing?

NO! - The Return-to-Duty Process as outlined by 49 CFR Part 40 and which is required for any employee regulated by the Department of Transportation who violates drug testing policy is NOT to be confused with the USCG "Cure Process". The Coast Guard "Cure" Process is NOT considered the Return-to-Duty process and the additional cure process requirements are specific to the USCG. That process is in addition to the DOT required Return-to-Duty process. The Return-to-Duty Process is NOT the same thing as the coast guard required "Cure Process".

The Coast Guard "Sweeny Cure" Minimal Two-Step Requirements

Under the administrative precedent defining the statute's intent, the cure process minimally requires:

Step 1: Successful completion of a state or industry accredited drug abuse rehabilitation/treatment program. (Successful completion of the 49 CFR Part 40 process required for all employees regulated by DOT can meet this coast guard cure "step").
Step 2: Demonstration of complete non-association with drugs for a minimum period of one year following the completion of the program, backed by MRO verified negative drug tests (all must be DOT certified drug tests) and a Medical Review Officer (MRO) certification / letter (the coast guard will require a MRO to verify that the mariner is able to perform safety sensitive duty). (This "step" is NOT conducted or managed by the SAP. This "step" is the sole responsibility of the mariner to manage and complete).

Core 12-Month Testing Requirements for Step 2 Listed Above

Unannounced Testing: 12 unannounced random drug screenings administered over the 12-month period.
Compliant Panels: Every test must strictly follow Department of Transportation standards under 49 CFR Part 40, utilizing a DOT 5-panel urine screen (marijuana, cocaine, opiates, PCP, amphetamines).
Medical Review: DOT qualified test results must be processed through a SAMHSA-certified laboratory and verified by a licensed Medical Review Officer (MRO).

Each of the Coast Guard required 12 months of random drug tests must be DOT certified drug tests and performed by a DOT certified drug testing facility managed by a MRO. This service can usually be performed by Occupational Medicine Drug Testing facilities or a Consortium/Third-Party Administrator (C/TPA). It is the solely the employee's responsibility to arrange compliance with this USCG requirement. The DOT regulations advise the employee to consult with a Consortium/Third-Party Administrator (C/TPA) to conduct or manage drug testing. See the FMCSA's page on C/TPA's here: What Are Consortium/Third-Party Administrators?

This USCG 12 months of random drug testing requirement is NOT considered to be the SAP 49 CFR Part 40 Return-to-Duty Process Follow Up Testing Plan which can ONLY be implemented and managed by the EMPLOYER once the employee tests negative on a Return-to-Duty test and is restored to being able to perform safety sensitive duty. (If you have any questions as to whether or not the coast guard will accept some, or all, of the Return to Duty (RTD) Follow Up Testing Plan results, ask your investigating officer handling your cure process case agreement as the coast guard is the only entity that can answer that question.)

Who is responsible to ensure compliance with the Coast Guard Cure Process?

The USCG regulated employee (mariner) is solely responsible to ensure the requirements of his separate USCG "Cure Process" are met if required. The "Cure Process" is specific to, and required by, the coast guard. The SAP is ONLY authorized to be able to help employees meet the requirements of the Return-to-Duty process as outlined in 49 CFR Part 40. The SAP is NOT affiliated in any way with the coast guard or fully educated on the USCG required cure process. The SAP can only help the employee to meet one of the many additional coast guard requirements which is the requirement for a substance abuse evaluation and/or referral to substance abuse treatment.

For compliance with the USCG "Cure Process", the USCG regulated employee is responsible to work with his USCG officer to meet all of the USCG specific requirements which are not part of the Return-to-Duty process as outlined in 49 CFR Part 40. Ensuring compliance with the additional coast guard cure requirements is solely the responsibility of the employee or mariner who is certified by the coast guard. The employee accomplishes compliance by working with his coast guard officer and complying with the settlement instruction requirements issued to them by the coast guard.

The coast guard has a guidance document available on coast guard drug testing entitled "Marine Employers Drug Testing Guidance".

The direct link is here: https://www.dco.uscg.mil/portals/9/nmc/pdfs/drug_testing/employers_drug_testing_guide-2009.pdf

Employees that are required by the Coast Guard to have 12 months of random drug tests are instructed to ensure the following:

1) Contact a local Occupational Drug Testing facility, Medical Review Officer (MRO) or Consortium/Third-Party Administrator (C/TPA) in order to request an arrangement for them to contact you randomly on a monthly basis to perform a DOT certified drug test. See the FMCSA's page on C/TPA's here: What Are Consortium/Third-Party Administrators?

2) Collect the test results which are provided to the employee for their records by the drug testing company. The employee should maintain a record of all drug test results.

3) Once all 12 random DOT certified drug tests are completed, the employee submits the results to the Coast Guard investigator working their case for review and confirmation.

4) Consult with the investigating officer working the case for any other questions regarding compliance with the coast guard cure process agreement.

For more information:

United States Coast Guard (USCG)
Employer, marine employer and crewmember on board a vessel who will navigate, steer, direct, manage or sail a vessel, or control, monitor, or maintain the vessel main or auxiliary equipment or systems. (49 CFR Part 16; Part 4)

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