International Legislation
Stay ahead of legislation…
The International Legislative Framework
The USA is recognized as a leader in legislation concerning the implementation of drug/alcohol work place policies and testing as a means of controlling adherence to the policies. This also applies to shipping. ELSSI has therefore designed its D/A analytical testing solutions to conform to US Department of Transportation (DOT) legislation which specifies compliance to SAMHSA standards. The SAMHSA guidelines on D/A testing are accepted and recommended by the international societies, such as WHO, IMO, ILO, etc. Although (DOT), requires a 5 drug test panel, ELSSI tests 11 categories + alcohol.
The organizations concerned with promoting the safety and health of mariners have provided relevant information/regulations for implementing drug/alcohol policies. Our purpose therefore in making available these references is for newcomers to the d/a policies to gain a valuable background necessary to his/her objective, which is to make the ships environment a safer workplace.
Brief overviews on subject are provided below.
Reference List
- USA OPA 90, Oil pollution act
In response to the Valdez crude spillage in Alaska, measures were taken –to prevent, respond to, asses liability and obtain damage payments for cleanup by the responsible vessel, enforced by the US Coast Guard.
- IMO , Guidance on Prevention of Drug and Alcohol abuse
Part B of the Seafarers Training, Certification and Watch keeping Code which is annexed to the International Convention on Standards of Training, Certification and Watch keeping for Seafarers (STCW) Convention. A related document is the ILO training manual.
Revised STCW Convention and Code adopted at the Manila Conference. Revised requirements on hours of work and rest and new requirements for the prevention of drug and alcohol abuse, as well as updated standards relating to medical fitness standards for seafarers, to enter into force on 1 January 2012. - ILO/WHO, Guiding Principles on Drug and Alcohol Testing Procedures
Drug & Alcohol Abuse Prevention Programs in the Maritime Industry. Publication "A Manual for Planners" (Revised)
Note: This publication is highly recommended, not only for beginners, but for all safety officers concerned with substance abuse and safety on board ships. - Carcinogenic Effects of Benzene –EPA, USA
The major issue addressed in this document involves the nature and magnitude of theinhalation risk of cancer to humans exposed to low levels of benzene.
- ILO’s Maritime Labor Convention, 2006, Standard A1.2 – Medical certificate
The responsible authority shall require that, prior to starting work on a ship, the mariner must have a "valid medical certificate attesting that they are medically fit to perform the duties they are to carry out at sea."
- ICS guidelines for trafficking and drug abuse
"Once a drug consignment has entered a region, traffickers and their agents have little difficulty in moving it within that region, taking advantage of governments to facilitate the movement of persons and goods across frontiers. Shipping is vulnerable to drug trafficking on two fronts. Firstly, the threat of drugs being concealed on vessels means that the enforcement efforts of Customs authorities can result in delays to ships and cargoes. Secondly, the possible involvement of crew members in drug abuse threatens the safety of the vessel". This is an informative publication.
- Shipping organizations: INTERTANKO, BIMCO on implementing D/A policies
"In line with the increased focus on such issues, Supplytime 2005 contains a new drugs and alcohol policy clause, based on BPTime 3, according to which Owners must have such a policy which must at least meet the standards in the OCIMF Guidelines for the Control of Drugs and Alcohol Onboard Ship 1995."
- OCIMF Guidelines for the Control of Drugs and Alcohol Onboard Ship 1995
"The current membership of OCIMF comprises 86 companies worldwide. The OCIMF mission is to be recognised internationally as the foremost authority on the safe and environmentally responsible operation of oil tankers and terminals."
"Oil Companies International Marine Forum ( OCIMF) recommends that shipping companies should have a clearly written policy on drug and alcohol abuse that is easily understood by seafarers as well as shore-based staff. In order to enforce their policy, companies should have rules of conduct and controls in place, with the objective that no seafarer will navigate a ship or operate its onboard equipment whilst impaired by drugs or alcohol.
It is recommended that seafarers be subject to testing and screening for drugs and alcohol abuse by means of a combined program of un-announced testing and routine medical examination. The frequency of this un-announced testing should be sufficient so as to serve as an effective deterrent to such abuse.
The misuse of legitimate drugs, or the use, possession, distribution or sale of illicit or un-prescribed controlled drugs on board ship cannot be condoned and should be prohibited. In addition, any use of a prescribed controlled drug which causes, or contributes to unacceptable job performance or unusual job behavior should require the seafarer to be excused from duty until such times as he is repatriated, or treatment and its after–effects cease." - The US Coast Guard,(SMI) Serious Marine Incident, Department of Transportation
This is a US Coast Guard document stating among other:
1. Alcohol testing is required within 2 hours of a SMI.
2. Collection of samples for drug testing is required not later than 23 hours. A solution is to equip ships with DOT approved saliva tests and sampling kits. - US Coast Guard on Alcohol or drug use by individuals directly involved in casualties
This is a US Coast Guard document stating among other:
1. the marine employer shall determine whether there is any evidence of alco-hol or drug use by individuals directly involved in the casualty.
2. the employer identifies those individuals for whom evidence of drug or alcohol use, or evidence of intoxication, has been obtained
3. specifies the method used to obtain such evidence, such as personal observation of the individual, or by chemical testing. - US Coast Guard on Specimen collection, handling and shiping
This is a US Coast Guard document referring in detail about the specimen attributes of chemical test on humans.
- The Omnibus act on laboratory requirements
This is about:
– Testing for ecstasy
– Lowering cut–off levels for cocaine and amphetamines.
– Mandatory screening test for Heroin.
– Laboratories must henceforth perform both tests screening and verification in–house (the same laboratory). - US (DOT) "Urine Specimen Collection Guidelines", Revised August 31, 2009
This document refers to guidelines applicable to the US Department of Transportation, for federal employees as to how urine samples will be taken and the duties and responsibilities of the collector.
It is in general the guidelines and procedures followed, where operationally applicable, by ELSSI collectors in split sample collection.










