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12 APRIL 2016 FOGHORN FOGHORNFOCUS HUMAN RESOURCES 100 Furuno designed Linux software improves stability reduces virus risk Fully compliant IMO systems 19 23.1 LCD or Black Box ECDIS with user supplied wide glass bridge monitors are available Simple Ethernet connection to FAR2xx7 Radars saving thousands over complex interface kits www.FurunoUSA.com www.Facebook.comFuruno ECDISElectronic Chart Display and Information System ECDISElectronic Chart Display and Information System About the Authors Lee Seham Esq. is the General Counsel of PVA Associate Member American Maritime Safety Inc. White Plains NY and a partner in the New York law firm of Seham Seham Meltz Petersen LLP. AMS offers USCG- compliant drug and alcohol testing programs and training programs for responsible alcohol service. Mark Meeker serves as American Maritime Safetys Assistant General Counsel con- ducting on-site training classes nationwide for drug and alcohol testing as well as providing legal guidance to over 400 member companies regarding com- pliance with federal regulations. can last up to 21 days chronic use fiveday might remain detectable for up to 30 days while months of chronic use may result in positive drug test results up to six weeks afterwards. While the federal governments position on the illegality of marijuana remains clear an increasing number of states are enacting laws designed to protect the employment rights of employees who have lawfully used medical marijuana. Consequently employers need to keep abreast of the growing body of state law protecting the employment rights of such marijuana users vis-a-vis shoreside employees who are not subject to DOTUSCG testing requirements. For example states prohibiting discrimination based on legitimate medical marijuana use may also prohibit under their respective state disability anti-discrimination statutes any inquiry into prescription marijuana unless the employer can demonstrate that the inquiry is job-related and consistent with business necessity. Nevertheless to the extent such shoreside employees require a TWIC card to perform their duties it should be noted that a felony conviction for the distribu- tion possession with intent to distribute or importation of a controlled substance is treated by the Transportation Security Administration as a criminal offense dis- qualifying the individual for seven years from date of conviction and five years from the date of release from prison following a conviction. DOT regulations however effectively preempt such state laws when it comes to individuals occupying safety sensitive positions in regulated transportation industries. The DOTUSCG mandate is clear a mariner who tests positive for marijuana must be removed from safety sensitive duties as soon as practicable. In short any mariner who cares about his career must abstain from marijuana entirely. n