46 CFR 4.05-12: Alcohol or drug use evidence after casualties
Last reviewed: November 2, 2026
This section covers evidence of alcohol or drug use by people directly involved in a marine casualty that must be reported under § 4.05-10. The marine employer must determine whether such evidence exists and include it in the written report. Log book entries are required in certain cases, including a refusal to take a chemical test.
Applies toMarine employers, for each marine casualty required to be reported by § 4.05-10, and individuals directly involved in those casualties.
What it says
For each marine casualty required to be reported by § 4.05-10, the marine employer must determine whether there is any evidence of alcohol or drug use by individuals directly involved in the casualty.
46 CFR 4.05-12(a)“the marine employer shall determine whether there is any evidence of alcohol or drug use by individuals directly involved in the casualty.”
The marine employer must include in the written report (Forms CG-2692 and CG-2692B) information identifying the individuals for whom evidence of drug or alcohol use, or evidence of intoxication, has been obtained.
46 CFR 4.05-12(b)(1)“Identifies those individuals for whom evidence of drug or alcohol use, or evidence of intoxication, has been obtained; and,”
The written report must specify the method used to obtain the evidence, such as personal observation of the individual or chemical testing of the individual.
46 CFR 4.05-12(b)(2)“Specifies the method used to obtain such evidence, such as personal observation of the individual, or by chemical testing of the individual.”
If an official log book is carried, an entry must be made for individuals for whom evidence of intoxication is obtained.
46 CFR 4.05-12(c)“An entry shall be made in the official log book, if carried, pertaining to those individuals for whom evidence of intoxication is obtained.”
The individual must be informed of the log book entry, and a second person must witness the entry.
46 CFR 4.05-12(c)“The individual must be informed of this entry and the entry must be witnessed by a second person.”
If an individual directly involved in a casualty refuses a timely chemical test or refuses to cooperate, when directed by a law enforcement officer or the marine employer, the refusal must be noted in the official log book, if carried, and in the written report. It is admissible as evidence in any administrative proceeding.
46 CFR 4.05-12(d)“this fact must be noted in the official log book, if carried, and in the written report (Forms CG-2692 and CG-2692B), and shall be admissible as evidence in any administrative proceeding.”
Common questions
Who must determine whether alcohol or drugs were involved in a marine casualty?
The marine employer must make this determination for each marine casualty required to be reported by § 4.05-10. It covers individuals directly involved in the casualty.
“the marine employer shall determine whether there is any evidence of alcohol or drug use by individuals directly involved in the casualty.”
What happens if someone refuses a chemical test after a casualty?
The refusal must be noted in the official log book, if carried, and in the written report. It is admissible as evidence in any administrative proceeding.
“this fact must be noted in the official log book, if carried, and in the written report (Forms CG-2692 and CG-2692B), and shall be admissible as evidence in any administrative proceeding.”
Must the person be told about a log book entry for intoxication?
Yes. The individual must be informed of the entry, and a second person must witness it.
“The individual must be informed of this entry and the entry must be witnessed by a second person.”
The text of 46 CFR 4.05-12
Electronic Code of Federal Regulations (eCFR), current as of April 16, 2026 · Read it on eCFR
Alcohol or drug use by individuals directly involved in casualties
(a) For each marine casualty required to be reported by § 4.05-10, the marine employer shall determine whether there is any evidence of alcohol or drug use by individuals directly involved in the casualty.
(b) In the written report (Forms CG-2692 and CG-2692B) submitted for the casualty, the marine employer must include information that—
(1) Identifies those individuals for whom evidence of drug or alcohol use, or evidence of intoxication, has been obtained; and,
(2) Specifies the method used to obtain such evidence, such as personal observation of the individual, or by chemical testing of the individual.
(c) An entry shall be made in the official log book, if carried, pertaining to those individuals for whom evidence of intoxication is obtained. The individual must be informed of this entry and the entry must be witnessed by a second person.
(d) If an individual directly involved in a casualty refuses to submit to, or cooperate in, the administration of a timely chemical test, when directed by a law enforcement officer or by the marine employer, this fact must be noted in the official log book, if carried, and in the written report (Forms CG-2692 and CG-2692B), and shall be admissible as evidence in any administrative proceeding.
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.