Spring is a time when many PVA vessel members begin the process of staffing up for the busy operating season. Among the many onboarding actions, there are critical verifications that must be done when hiring mariners and other individuals to work on U.S. Coast Guard-certificated vessels. Marine employers are responsible for ensuring that the mariners they employ on their vessels are legally allowed, competent, medically fit for duty, and not violators of federal drug laws. Addressing the below requirements can quickly weed out individuals who for one reason or another are not able to be employed or fit for duty. None of these actions run afoul of legal, privacy, or HIPA restrictions.
Legally Allowed To Work
Hiring Foreign Workers
In the past, foreign workers with visas allowing work in the U.S. have been employed by marine employers both shore side and on-board vessels. For reasons explained below a marine employer must only employ U.S. citizens or legally admitted permanent resident aliens (i.e., green card holder) to work on-board U.S. certificated small passenger vessels. It does not matter if the position is considered safety sensitive or not.
Title 46 United States Code (U.S.C.) § 8103 states that only a U.S. citizen may serve as master, chief engineer, radio officer, or officer in charge of a deck watch or engineering watch on a documented vessel. The law goes on to state that each unlicensed seaman must be a citizen of the U.S. or alien lawfully admitted to the U.S. for permanent residence.
Additionally, not more than 25 percent of the total number of unlicensed seamen on the vessel may be aliens lawfully admitted to the U.S. for permanent residence (green card holders).
So, who is considered a seaman?
The Coast Guard Marine Safety Manual, Vol. III, Commandant Instruction (COMDTINST) M16000.8B, defines “seaman” as “…any individual engaged or employed in the business of a ship or a person whose efforts contribute to accomplishing the ship’s business, whether that person is involved with operation of the vessel.”
Further, the Coast Guard states, “A crewmember may be a seaman although he or she is not occupying a position required by the certificate of inspection or other safe manning documentation.”
So, non-marine crew are included? Yes. Referring to the COMDTINST:
“Under normal conditions, the Coast Guard does not consider a person who is briefly visiting the vessel in a consulting capacity (e.g., a vendor’s technical representative) to be a crewmember. Similarly, the Coast Guard does not apply citizenship requirements to shoreside personnel who come on board vessels while they are not underway to load or unload cargo or to perform services such as maintenance of shipboard equipment. However, under most circumstances, individuals being compensated for performing their jobs while the vessel is underway are considered seamen for the purpose of applying citizenship requirements. Waiters, entertainers, industrial personnel, oil recovery workers, riding maintenance crews, and others employed in the business of the vessel are considered seamen.”
As an example, if a vessel is required a master and two unlicensed crew on the certificate of inspection, then that crew complement would be all U.S. citizens. If the vessel was required to have a master and eight unlicensed crew, then up to two (25 percent) of the unlicensed crew could be green card-holding resident aliens.
Verifying Merchant Mariner Credentials And Medical Certificates
When presented with a merchant mariner credential (MMC) from a prospective or current employee, marine employers have access to an online verification tool located on the Coast Guard’s National Maritime Center homepage under the Credential Verification tab where a mariner’s credentials, including medical certificates can be verified. An employer or prospective employer only needs the mariner’s name, MMC reference number, and a valid email address where results should be sent to complete the inquiry.
Any discrepancies detected during the online verification process or other concerns regarding Coast Guard-issued mariner credentials and medical certificates should first be addressed through the National Maritime Center via Live Chat, email, or by calling 1-888-IASKNMC. If the MMC is found to be expired* or otherwise not valid, follow up with your local Coast Guard Investigations Division is required.
*Note: Due to recent funding issues with the Department of Homeland Security (DHS), the Coast Guard has used their authority to extend the validity of MMCs expiring between Jan. 1 and May 31, 2026, until Aug. 31, 2026. Mariners who are actively working on expired credentials that meet the previously mentioned expiration criteria, must carry the expired credential and a copy of the letter attached to Update #3 — Lapse in Appropriations and Government Shutdown while sailing under the authority of their MMC. The NMC portal for submitting applications for MMCs and medical certificates remains operational; applications will be processed in the order received.
Drug And Alcohol Background Checks
Beyond mariner citizenship, competency, and medical fitness for duty, adherence to federal drug testing requirements is something the prospective employer must verify. In addition to conducting pre-employment testing, marine employers are required to obtain drug and alcohol testing information on new crewmembers, credentialed or not, that will be working in a safety sensitive position.
After obtaining an individual’s written consent, the marine employer must request specific drug and alcohol information from all the individual’s previous DOT employers in the last two years. Each request should have the employee’s original signature. Ideally the requested information is received by the potential employer before the individual starts performing safety sensitive duties; however, a marine employer can employ the individual for up to 30 days while the request is pending at previous employers.
The following information must be requested from DOT regulated employers (aviation, marine, trucking, rail) who have employed the individual during any period during the previous two years:
- DOT alcohol tests with a result of 0.04 or higher
- Verified positive drug tests
- Refusals (including adulterated or substituted samples)
- Other violations of DOT drug and alcohol testing regulations
- If an individual has violated a DOT drug and alcohol regulation, documentation of the individual’s successful completion of the DOT return-to-duty requirements
- Drug and alcohol information from previous employers
The results of alcohol tests, done in accordance with boating while under the influence, 33 Code of Federal Regulations (CFR) Part 95 and casualty investigations under 46 CFR Part 4, may be released provided that a disclaimer is added that the alcohol tests were not DOT alcohol tests but that the tests were done in accordance with Coast Guard regulations.
The response from the previous employers must be in written form (e.g. fax, e-mail, or letter) that ensures confidentiality. Appropriate markings or password protection of electronic files can be used to meet this requirement.
Marine employers are obligated to respond to all requests from other DOT regulated employers. Before responding, previous employers should make sure that the employee’s signature is on the information request. Previous employers should respond as soon as possible and document the date of their response.
If the new marine employer does not receive a response from the previous DOT employers within 30 days of the individual being placed in a safety-sensitive position, the new employer may continue to employ that individual in a safety sensitive position. Requests for previous employer’s drug and alcohol testing results of a prospective crewmember should be documented and kept on record for three years.
If information of a DOT drug violation is obtained, the individual may not be employed in any safety sensitive position until the DOT return-to-duty requirements are met. See 49 CFR 40.25 for information on return-to-duty requirements. Generally, the regulations require completion of a drug and alcohol rehabilitation program and verification by a medical review officer that the individual can work in a safety sensitive position.
Time To Train
The tools and requirements above are designed to assist marine employers in making the best hiring decisions by keeping unqualified individuals out of the marine transportation system. Once your new hire or returning crew have cleared the requirements it will be time to train them in their duties on board the vessel. PVA recently revised the Deckhand Training Manual, which is available on the PVA website under Safety & Crew Training Tools in the Member Resources section. This manual is fully customizable to operations of all sizes and complements the training manuals and information available on the PVA learning management portal. See the July 2025 issue of Foghorn for information on navigating the Member Resources section.
Eric Christensen is the PVA Director of Regulatory Affairs & Risk Management