46 CFR 16.210: Pre-employment drug testing for crewmembers
Last reviewed: October 14, 2026
This section covers pre-employment chemical testing for dangerous drugs. A marine employer may not engage or employ an individual as a crewmember unless the individual passes a chemical test for that employer. An employer may waive the test if the applicant gives satisfactory evidence of recent testing history.
Applies toMarine employers and individuals they engage or employ to serve as crewmembers.
What it says
A marine employer must not engage or employ an individual as a crewmember unless the individual passes a chemical test for dangerous drugs for that employer.
46 CFR 16.210(a)“No marine employer may engage or employ any individual to serve as a crewmember unless the individual passes a chemical test for dangerous drugs for that employer.”
An employer may waive the pre-employment test required by paragraph (a) for a job applicant if the individual provides satisfactory evidence of one of the histories listed in paragraph (b).
46 CFR 16.210(b)“An employer may waive a pre-employment test required for a job applicant by paragraph (a) of this section if the individual provides satisfactory evidence that they have:”
One basis for a waiver is satisfactory evidence that the individual passed a chemical test for dangerous drugs required by this part within the previous six months, with no subsequent positive drug tests during the rest of that six-month period.
46 CFR 16.210(b)(1)“Passed a chemical test for dangerous drugs, required by this part, within the previous six months with no subsequent positive drug tests during the remainder of the six-month period; or”
Another basis for a waiver is satisfactory evidence that, during the previous 185 days, the individual was subject to a random testing program required by § 16.230 for at least 60 days and did not fail or refuse to participate in a chemical test for dangerous drugs required by this part.
46 CFR 16.210(b)(2)“During the previous 185 days been subject to a random testing program required by § 16.230 for at least 60 days and did not fail or refuse to participate in a chemical test for dangerous drugs required by this part.”
Common questions
Can a marine employer hire a crewmember without a drug test?
No, not unless the employer waives the test under paragraph (b). Otherwise the individual must pass a chemical test for dangerous drugs for that employer.
“No marine employer may engage or employ any individual to serve as a crewmember unless the individual passes a chemical test for dangerous drugs for that employer.”
When can an employer waive a pre-employment drug test?
An employer may waive the test if the individual provides satisfactory evidence of a qualifying history listed in paragraph (b).
“An employer may waive a pre-employment test required for a job applicant by paragraph (a) of this section if the individual provides satisfactory evidence that they have:”
Does a recent passed drug test let an employer waive the pre-employment test?
It can. The individual must have passed a test required by this part within the previous six months, with no subsequent positive drug tests during the rest of that six-month period.
“Passed a chemical test for dangerous drugs, required by this part, within the previous six months with no subsequent positive drug tests during the remainder of the six-month period; or”
The text of 46 CFR 16.210
Electronic Code of Federal Regulations (eCFR), current as of April 16, 2026 · Read it on eCFR
Pre-employment testing requirements
(a) No marine employer may engage or employ any individual to serve as a crewmember unless the individual passes a chemical test for dangerous drugs for that employer.
(b) An employer may waive a pre-employment test required for a job applicant by paragraph (a) of this section if the individual provides satisfactory evidence that they have:
(1) Passed a chemical test for dangerous drugs, required by this part, within the previous six months with no subsequent positive drug tests during the remainder of the six-month period; or
(2) During the previous 185 days been subject to a random testing program required by § 16.230 for at least 60 days and did not fail or refuse to participate in a chemical test for dangerous drugs required by this part.
Sections it refers to
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.