N.J. Admin. Code § 16:64-9.9

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:64-9.9 - Post-occurrence testing

(a) A pilot or apprentice is considered to be involved in an "occurrence" if he or she is conning the vessel or is assisting the conning officer in any way in the navigation of the vessel.

(b) A pilot or apprentice shall submit to a post-occurrence chemical drug test for dangerous drugs and alcohol if he or she is involved in an occurrence arising out of or related to, their conning the vessel or assisting the conning officer in any way in the navigation of the vessel, and which results in any of the following:

1. One or more deaths;

2. An injury to a pilot, apprentice, crewmember, or other person, which requires professional medical treatment beyond first aid or renders any of the above unfit to perform routine duties;

3. A collision;

4. A grounding;

5. An allision with a fixed object, including, but not limited to, a dock or berth, bridge, or navigational aid causing property damage in excess of $ 25,000 (including the cost of labor and material to restore the property to its condition before the occurrence, but not including the cost of salvage, cleaning, gas-freeing, drydocking, or demurrage); or

6. A discharge of oil or hazardous substance into navigable waters of the Port of New York and New Jersey or a release of a hazardous substance into the environment;

(c) The President of the Pilots Association or the Independent Pilots Association, or his or her designee shall ensure the pilot and apprentice involved in an occurrence resulting in one or more of the threshold events in (b) above undergoes:

1. A chemical drug test for dangerous drugs within 32 hours of when the incident occurred, unless precluded by safety concerns directly related to the incident;

2. An alcohol test within two hours of when the incident occurred, unless precluded by safety concerns directly related to the incident; and

3. When the post-occurrence testing is required by the Commission, the test for dangerous drugs shall be conducted as soon as possible, but no later than 32 hours after such request was communicated to the pilot or no later than 32 hours after such request was communicated to the pilot or apprentice, and the alcohol test shall be conducted as soon as possible, but no later than two hours after such request was communicated to the pilot or apprentice.

(d) Upon receipt of the report of chemical test results, the Pilots Association or the Independent Pilot Association shall submit a copy of the test results for each pilot or apprentice to the Commission not later than 24 hours from the time of receipt.

(e) (No change in text.)

N.J. Admin. Code § 16:64-9.9

Amended by 46 N.J.R. 1703(a), effective 7/21/2014.