46 CFR 16.201: Chemical testing application and failed drug tests
Last reviewed: October 14, 2026
This section says chemical testing of personnel must follow this subpart and 49 CFR part 40. A person who fails a dangerous drug test is presumed to be a user and must be denied employment or removed from safety-related duties. Return to work requires an MRO determination and increased unannounced testing.
Applies toIndividuals who take required chemical tests for dangerous drugs, and their employers, prospective employers or sponsoring organizations.
What it says
Chemical testing of personnel must be conducted as this subpart requires and under the procedures in 49 CFR part 40.
46 CFR 16.201(a)“Chemical testing of personnel must be conducted as required by this subpart and in accordance with the procedures detailed in 49 CFR part 40.”
An individual who fails a chemical test for dangerous drugs under this part is presumed to be a user of dangerous drugs.
46 CFR 16.201(b)“If an individual fails a chemical test for dangerous drugs under this part, the individual will be presumed to be a user of dangerous drugs.”
If a credential holder fails a chemical test for dangerous drugs, the employer, prospective employer, or sponsoring organization must report the results in writing to the nearest Coast Guard Officer in Charge, Marine Inspection (OCMI).
46 CFR 16.201(c)“the individual's employer, prospective employer, or sponsoring organization must report the test results in writing to the nearest Coast Guard Officer in Charge, Marine Inspection (OCMI).”
A credential holder who fails must be denied employment as a crewmember or removed from duties that directly affect the safe operation of the vessel as soon as practicable, and is subject to suspension and revocation proceedings under part 5 of this chapter.
46 CFR 16.201(c)“The individual must be denied employment as a crewmember or must be removed from duties which directly affect the safe operation of the vessel as soon as practicable”
An individual without a credential who fails a chemical test for dangerous drugs will be denied employment as a crewmember or removed from duties that directly affect the safe operation of the vessel, as soon as possible.
46 CFR 16.201(d)“the individual will be denied employment as a crewmember or removed from duties that directly affect the safe operation of the vessel, as soon as possible.”
An individual who failed a required test may not be re-employed aboard a vessel until paragraph (f) of this section and part 5 of this chapter, if applicable, are satisfied.
46 CFR 16.201(e)“may not be re-employed aboard a vessel until the requirements of paragraph (f) of this section and part 5 of this chapter, if applicable, have been satisfied.”
Before the individual returns to work aboard a vessel, the MRO must determine that the individual is drug-free and that the risk of subsequent use is sufficiently low to justify return to work.
46 CFR 16.201(f)“the MRO must determine that the individual is drug-free and the risk of subsequent use of dangerous drugs by that person is sufficiently low to justify their return to work.”
The individual must also agree to increased unannounced testing, for a minimum of six (6) tests in the first year after returning to work as required in 49 CFR part 40.
46 CFR 16.201(f)(1)“For a minimum of six (6) tests in the first year after the individual returns to work as required in 49 CFR part 40; and”
Common questions
What happens if a mariner fails a drug test?
The individual is presumed to be a user of dangerous drugs. The individual must be denied employment as a crewmember or removed from safety-related duties.
“If an individual fails a chemical test for dangerous drugs under this part, the individual will be presumed to be a user of dangerous drugs.”
Who reports a failed drug test for a credential holder?
The individual's employer, prospective employer, or sponsoring organization must report the results in writing to the nearest Coast Guard OCMI.
“the individual's employer, prospective employer, or sponsoring organization must report the test results in writing to the nearest Coast Guard Officer in Charge, Marine Inspection (OCMI).”
How long can increased unannounced testing last after a failed test?
The MRO may set any additional period, up to a total of 60 months.
“For any additional period as determined by the MRO up to a total of 60 months.”
The text of 46 CFR 16.201
Electronic Code of Federal Regulations (eCFR), current as of April 16, 2026 · Read it on eCFR
Application
(a) Chemical testing of personnel must be conducted as required by this subpart and in accordance with the procedures detailed in 49 CFR part 40.
(b) If an individual fails a chemical test for dangerous drugs under this part, the individual will be presumed to be a user of dangerous drugs.
(c) If an individual holding a credential fails a chemical test for dangerous drugs, the individual's employer, prospective employer, or sponsoring organization must report the test results in writing to the nearest Coast Guard Officer in Charge, Marine Inspection (OCMI). The individual must be denied employment as a crewmember or must be removed from duties which directly affect the safe operation of the vessel as soon as practicable and is subject to suspension and revocation proceedings against their credential under part 5 of this chapter.
(d) If an individual who does not hold a credential fails a chemical test for dangerous drugs, the individual will be denied employment as a crewmember or removed from duties that directly affect the safe operation of the vessel, as soon as possible.
(e) An individual who has failed a required chemical test for dangerous drugs may not be re-employed aboard a vessel until the requirements of paragraph (f) of this section and part 5 of this chapter, if applicable, have been satisfied.
(f) Before an individual who has failed a required chemical test for dangerous drugs may return to work aboard a vessel, the MRO must determine that the individual is drug-free and the risk of subsequent use of dangerous drugs by that person is sufficiently low to justify their return to work. In addition, the individual must agree to be subject to increased unannounced testing—
(1) For a minimum of six (6) tests in the first year after the individual returns to work as required in 49 CFR part 40; and
(2) For any additional period as determined by the MRO up to a total of 60 months.
Sections it refers to
- 49 CFR part 40
- 46 CFR part 5
The plain-English explanation on this page was written with AI from the regulation text above and checked automatically before publishing: every quote appears in the text, every number comes from it, and a second model confirmed each statement adds nothing the text doesn't say. Regulation text current as of April 16, 2026. The regulation text governs. RegKnot is not affiliated with the U.S. Coast Guard.