MAY 2019 • FOGHORN 39 HOW PVA BENEFITS YOU ployee’s signature is on the information request, respond as soon as possible, and document your response date. Positive Drug Tests: If information of a DOT drug violation is obtained, an individual may not be employed in any safety-sen- sitive position until the DOT return-to- duty requirements are met. {Reference 49 CFR 40.25}. Positive drug tests must be kept for a minimum of five years, including positive pre-employment tests for mariners who the marine employer did not hire. Negative Drug Tests: Negative drug tests must be kept on file for a minimum of one year. It is not necessary to keep negative pre-employ- ment test results for the duration of the crewmember’s employment. After the first 185 days, the way to demonstrate crewmember compliance with Part 16 is to document the random testing program and which employees have been subject to random testing.  According to 49 CFR 40.333, “If you store records electronically, where permitted by this part, you must ensure that the records are easily accessible, legible, and formatted and stored in an organized manner. If electronic records do not meet these criteria, you must convert them to printed documenta- tion in a rapid and readily auditable manner, at the request of DOT agency personnel.” How long must I keep records? 1 Year - Negative drug test results and alcohol test results less than 0.02. 2 Years - Records related to the D&A collection process. 3 Years - Previous employer records. 5 Years - Employee evaluation and referrals to SAPs, follow-up tests and follow-up schedules, refusals to test, alcohol test results 0.02 or greater, and all verified positive drug test results. Penalties: 1. The following enforcement actions may be taken for noncompliance with USCG chemical testing regu- lations: 2. Certificate of Inspection (COI) may be removed or not issued 3. Civil Penalty may be assessed of up to $5,500.00 per violation, per day 4. Suspension and Revocation (S&R) proceedings may be initiated against an individual’s license, MMD, or COR 5. Captain of the Port (COTP) order may be issued (prohibiting the operation of the vessels involved until compliance is gained) 6. Letter of Warning 7. CG-835 (deficiency ticket) may be issued. n