38 MAY 2019 • FOGHORN HOW PVA BENEFITS YOU By Jen Wilk, Director, Public Affairs and Development PVA Working for You Drug Test Program Record Keeping Requirements: What Information Should You Hold On To and For How Long? Let MCM manage your insurance so you can focus on your voyage MCM is a leading independent insurance brokerage based in the Pacific Northwest. Our marine practice group has more than 100 years of combined experience placing insurance and managing the marine industry’s unique risks. Whether we’re working with vessel operators, builders, repair facilities or suppliers, we create specialized solutions that meet each client’s needs. EMpLoyEE BEnEfits | ExECutivE BEnEfits | REtiREMEnt pLans insuRanCE advisoRy | pRopERty & CasuaLty Contact Damon L. Nasman at (206) 262-6375 or email damon.nasman@mcmnw.com www.mcmnw.com ZF Propulsion System Technology. For the dependable, on-time service you provide. ZF’s line of propulsion technology – from transmissions and thrusters, to propellers and controls – provides the optimal solution for passenger ferry applications worldwide. We offer the control, reliability and performance you’re looking for, resulting in a turnkey propulsion system designed to meet your needs. ZF is ready to help keep you on-schedule. zfmarinepropulsion.com Recently, PVA member Mark Meeker, General Counsel of American Maritime Safety (AMS) provided his expert guidance to marine employers on the record keeping requirements of drug testing programs regarding current and previous employees. His straightforward advice helps to answer questions that you may have, including: what information should I hold on to? Why do I need to do this? How long do I keep these records? Here is what Mark had to say: “Employers covered under Department of Transportation (DOT) drug and alcohol (D&A) testing regu- lations must maintain records that document their testing program consis- tent with 49 CFR Part 40 and additional United States Coast Guard (USCG) specific regulations. But how long must an employer maintain records and which records must be kept? Pre-Employment Drug Tests: For all new hires, marine employers are required, with the employee’s written consent, to obtain D&A testing information from previous DOT employers within the last two years. Each request should be dated and include the employees’ original signature consenting to the background check. If feasible, obtain and review this information before permitting the employee to perform safety-sensitive duties. If it’s not feasible, do so as soon as possible. However, after 30 days the employee must not be permitted to perform safety-sensitive duties unless you have obtained, or documented a good faith effort to obtain, this infor- mation. Pre-Employment D&A infor- mation from previous DOT employers should be kept on record for three years. As a marine employer, you are obligated to respond to all requests from other DOT regulated employers. You should make sure that the em-