40
FOGHORN
SAFETY 
The following information must be 
requested from DOT regulated em-
ployers (aviation, marine, trucking, 
rail) who have employed the individu-
al during any period during the previ-
ous 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 ca-
sualty 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 em-
ployers must be in written form (e.g. 
fax, e-mail, or letter) that ensures con-
fidentiality. Appropriate markings or 
password protection of electronic files 
can be used to meet this requirement.
Marine employers are obligated to re-
spond to all requests from other DOT 
regulated employers. Before respond-
ing, 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-sen-
sitive position, the new employer may 
continue to employ that individual in 
a safety sensitive position. Requests 
for previous employer’s drug and al-
cohol testing results of a prospective 
crewmember should be documented 
and kept on record for three years.
If information of a DOT drug viola-
tion is obtained, the individual may 
not be employed in any safety sensitive 
position until the DOT return-to-du-
ty requirements are met. See 49 
CFR 40.25 for information on re-
turn-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 re-
vised 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 manage-
ment portal. See the July 2025 issue of 
Foghorn for information on navigating 
the Member Resources section.
We do 
more than 
collaborate;
we empower 
you through 
partnership 
Kongsberg Maritime  
Protechting People and Planet

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