Drug-Related Maritime Accidents

How a Jones Act Attorney Can Help You

Maritime employers should provide their crews with safe work environments free of illegal drugs and drug activity. A seaman or member of an offshore crew who is impaired by illegal drugs or controlled substances poses a danger to fellow crew and a hazard to the entire ship or vessel. An impaired crew member can cause a work-related accident that results in serious or fatal injuries to other crew and to people in other vessels.

If you have been seriously injured in a maritime accident as a result of the drug impairment of a co-worker or fellow crew, you may be entitled to compensation from a maritime employer. The maritime injury lawyers at Arnold & Itkin LLP have helped numerous seamen, maritime workers and their families collect financial compensation after a serious accident.

More About Impaired Maritime Workers

Often, an offshore injury accident caused by an impaired seaman involves inadequate supervision by a maritime employer or a failure to enforce a drug and alcohol testing policy. This kind of employer inaction can provide evidence of negligent supervision or gross negligence in a claim for compensation. In any maritime accident involving allegations of alcohol or drug impairment, our lawyers will review these factors and their potential impact on your accident claim:

• Drug policies. Maritime employers are required to have a written drug and alcohol testing policy. Drug testing requirements apply to most commercial vessels regardless of the number of employees aboard. Avoiding offshore accidents and preventing injuries aboard a vessel require quick reactions and sound judgment, b ut an impaired or drunk maritime worker may have slowed reaction time, poor coordination and faulty judgment-factors that can contribute to a serious maritime injury.
• Employers' duties. Employers are required to conduct pre-employment and random testing to detect illegal drugs including cocaine, marijuana, heroin and opiates, amphetamines and phencyclidine. The random tests conducted periodically throughout the year should cover 50 percent of the crew. For example, if a maritime employer operates an offshore supply boat and employs 40 crewmembers, the employer is required to conduct 20 random tests each calendar year. Maritime employers are required to keep records of crew and employees tested for dangerous drugs and retain results of positive tests, including pre-employment tests, for a minimum of five years. Employers must keep negative tests for at least a year.
• Workers subject to testing. All full-time, part-time, seasonal, year-round and contracted workers who meet the definition of a crew member of a commercial vessel are subject to testing, according to U.S. Coast Guard regulations. Also, all crew who serve aboard a vessel in a safety sensitive position are required to be tested randomly for drugs.
• Reporting positive tests. Maritime employers are required to report all positive drug tests of credentialed mariners to the Coast Guard. Employers are also required to remove a crew member from a safety-sensitive job who fails a drug test or refuses a drug screening. Federal regulations do not require an employer to fire a seaman or crew member who fails a drug test or refuses the test. The crew member, however, may not work in any safety-sensitive job until they obtain a return to work letter. It is up to the employer to determine whether the violation results in a dismissal.
• Testing after maritime accidents. After any serious maritime accident involving a fatality or release of more than 10,000 gallons of oil, maritime employers are required to test crew directly involved in the accident for drugs and alcohol. The post-accident alcohol test is to be administered within two hours of the incident and the drug test must be administered as soon as practicable. A mariner is presumed to be under the influence of alcohol if their blood alcohol concentration is .04% or greater.

Injured in a drug-related maritime accident? Contact us today!

The attorneys at Arnold & Itkin LLP understand maritime laws and regulations, including maritime employer drug testing requirements. We work with maritime law every day and we know how to use the Jones Act and other maritime laws to protect the legal rights of injured seamen and maritime workers. Contact us for a free c onsultation at (888) 346-5024.

If you would like to learn more about what can be done to protect you after a maritime accident caused by an impaired worker, contact Arnold & Itkin as soon as possible.