Who is responsible to ensure compliance with the Coast Guard Cure Process?
The USCG regulated employee is solely responsible to ensure the requirements of his separate USCG "Cure Process" are met if required as the "Cure Process" is specific to, and required by, the coast guard. The SAP is ONLY 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.
Among many more requirements, the USCG cure process usually requires a DOT drug screen to be done randomly one time a month for 12 months before the license can be re-issued. This is part of the Coast Guard "Sweeney Cure process". This USCG requirement is NOT considered to be the SAP 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.)
Additionally, 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 and it is 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?
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)
