46 CFR 16.401: Employee Assistance Program for crewmembers

Last reviewed: October 14, 2026

This section requires the employer to provide an Employee Assistance Program (EAP) for all crewmembers. Each EAP must include education and training on drug use for crewmembers and the employer's supervisory personnel. Paragraphs (a) and (b) set the minimum elements of the education and training programs.

Applies toEmployers, who must provide an EAP for all crewmembers.

What it says

  1. The employer must provide an Employee Assistance Program (EAP) for all crewmembers.

    “The employer shall provide an Employee Assistance Program (EAP) for all crewmembers.”

  2. The employer may run the EAP as part of its internal personnel services, or it may contract with an entity that provides EAP services to a crewmember.

    “The employer may establish the EAP as a part of its internal personnel services or the employer may contract with an entity that will provide EAP services to a crewmember.”

  3. Each EAP must include education and training on drug use for crewmembers and the employer's supervisory personnel.

    “Each EAP must include education and training on drug use for crewmembers and the employer's supervisory personnel as provided below:”

  4. Each EAP education program must include at least three elements: display and distribution of informational material, of a community service hot-line telephone number for crewmember assistance, and of the employer's policy on drug and alcohol use in the workplace.

    46 CFR 16.401(a)“Each EAP education program must include at least the following elements: display and distribution of informational material;”

  5. The employer must conduct an EAP training program for its crewmembers and supervisory personnel.

    46 CFR 16.401(b)“An EAP training program must be conducted for the employer's crewmembers and supervisory personnel.”

  6. The training program must include at least the effects and consequences of drug and alcohol use on personal health, safety, and work environment, the behavioral cues that may indicate use and abuse, and documentation of the training given.

    46 CFR 16.401(b)“the effects and consequences of drug and alcohol use on personal health, safety, and work environment;”

  7. Supervisory personnel must receive at least 60 minutes of training.

    46 CFR 16.401(b)“Supervisory personnel must receive at least 60 minutes of training.”

Common questions

Who must provide an Employee Assistance Program?

The employer must provide an EAP for all crewmembers. It may run the EAP internally or contract with an entity that provides EAP services.

“The employer shall provide an Employee Assistance Program (EAP) for all crewmembers.”

How much EAP training must supervisors receive?

Supervisory personnel must receive at least 60 minutes of training.

“Supervisory personnel must receive at least 60 minutes of training.”

Can an employer contract out its EAP?

Yes. The employer may contract with an entity that will provide EAP services to a crewmember.

“the employer may contract with an entity that will provide EAP services to a crewmember.”

The text of 46 CFR 16.401

Electronic Code of Federal Regulations (eCFR), current as of April 16, 2026 · Read it on eCFR

Employee Assistance Program (EAP)

The employer shall provide an Employee Assistance Program (EAP) for all crewmembers. The employer may establish the EAP as a part of its internal personnel services or the employer may contract with an entity that will provide EAP services to a crewmember. Each EAP must include education and training on drug use for crewmembers and the employer's supervisory personnel as provided below:

(a) EAP education program: Each EAP education program must include at least the following elements: display and distribution of informational material; display and distribution of a community service hot-line telephone number for crewmember assistance, and display and distribution of the employer's policy regarding drug and alcohol use in the workplace.

(b) EAP training program: An EAP training program must be conducted for the employer's crewmembers and supervisory personnel. The training program must include at least the following elements: the effects and consequences of drug and alcohol use on personal health, safety, and work environment; the manifestations and behavioral cues that may indicate drug and alcohol use and abuse; and documentation of training given to crewmembers and the employer's supervisory personnel. Supervisory personnel must receive at least 60 minutes of training.

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.