Legal considerations for the Fire on dive boat Conception in CA

[ReefHound]

I don't believe the NTSB has any authority to compel drug testing of the survivors. The Coast Guard on the other hand...

I thought it was mandatory. I've been tested on non-fatality accidents where CG had to respond.

 

[Wookie]

The coast guard can compel alcohol and drug tests, and alcohol must be conducted within 2 hours of the incident, DOT 5 panel within 30 hours.

NTSB can compel nothing.

As I’ve said here and there, NTSB are seeking the truth, the Coast Guard is seeking evidence, with all that implies.

 

[Cert1967]

Maritime Consortium Inc

Home - MARITIME CONSORTIUM INC.
https://www.drugfreevessel.com/images/misb0114.pdf​

Interesting company, they purport to

"In 2019, as in our previous 30 years, our mission is to guarantee our members 100% compliance with all Coast Guard drug and alcohol testing requirements through the highest quality program available to the marine industry."​

And a link to regulations

MARITIME CONSORTIUM INC.​

Young crew - particularly males - and what of easy access recreational marijuana?

Does California have recreational marijuana legal access?

In Colorado, for jobs that require drug testing, employers have encountered difficulty hiring drug-free employees.

@Wookie - what is the penalty for crew refusal to submit to required USCG testing?

 

[kelemvor]

Maritime Consortium Inc

Home - MARITIME CONSORTIUM INC.
https://www.drugfreevessel.com/images/misb0114.pdf​

Interesting company, they purport to

"In 2019, as in our previous 30 years, our mission is to guarantee our members 100% compliance with all Coast Guard drug and alcohol testing requirements through the highest quality program available to the marine industry."​

And a link to regulations

MARITIME CONSORTIUM INC.​

Young crew - particularly males - and what of easy access recreational marijuana?

Does California have recreational marijuana legal access?




In Colorado, for jobs that require drug testing, employers have encountered difficulty hiring drug-free employees.

@Wookie - what is the penalty for crew refusal to submit to required USCG testing?

According to that maritime consortium:

Employees must provide a urine sample for drug testing and a blood or breath sample for alcohol testing when directed by their marine employer. A crewmember who holds a license, COR, or MMD who refuses to provide a test sample should be reported to the nearest Coast Guard Marine Safety/Inspection Office for the Coast Guard to take action in accordance with applicable laws and regulations. This may include Suspension and Revocation (S&R) proceedings.

Additionally, previous drug cases have established the precedent that "unconscious ingestion" (you did not knowingly take the drug and don't know how it got in your system) and "passive inhalation" (you did not personally smoke it; you were just standing nearby), are not plausible defenses to a "use of a dangerous drug" charge.

Does regular crew require a license? I thought it was only the captain who needed one.

Edit: they cover that base sort of... the crewmember is required to participate. Still, the penalty for not participating seems to be revocation of a license that the person might not have. i.e. no penalty at all.. Surely I must be mistaken.

Any crewmember who performs a safety related function on board the vessel, including but not limited to line handling, steering the vessel, distributing life vests, or ensuring the safety of the passengers, is required to be included in the program.

 

[JohnnyC]

Maritime Consortium Inc

Home - MARITIME CONSORTIUM INC.
https://www.drugfreevessel.com/images/misb0114.pdf​

Interesting company, they purport to

"In 2019, as in our previous 30 years, our mission is to guarantee our members 100% compliance with all Coast Guard drug and alcohol testing requirements through the highest quality program available to the marine industry."​

And a link to regulations

MARITIME CONSORTIUM INC.​

Young crew - particularly males - and what of easy access recreational marijuana?

Does California have recreational marijuana legal access?

In Colorado, for jobs that require drug testing, employers have encountered difficulty hiring drug-free employees.

@Wookie - what is the penalty for crew refusal to submit to required USCG testing?

The USCG is one of the uniformed services. Marijuana is still illegal at the federal level. I would be highly suspicious of anyone claiming that they're free to smoke a little green and still crew an inspected boat just because it's legal in their state.

And even if it were, there are laws against being impaired while doing things like, driving a car, flying an airplane, etc., so regardless of whether or not its use were legal, it may be illegal to be impaired under the circumstances. In which case it's a moot point.

There was a commercial pilot who lost all of his licenses when he popped a couple gummy bears while on a boys trip. His friend had a medical marijuana card, the pilot was not aware they were funny gummy's, he failed and his ATP got yanked. It was entirely unintentional, he had no knowledge, and he still damn near lost everything. He appealed and I believe got some political intervention and finally won his appeal, but he's still subject to some strict monitoring over the next few years. And that was unintentional, and his impairment couldn't possibly have had any effect on his ability to perform his duties.

 

[ReefHound]

Edit: they cover that base sort of... the crewmember is required to participate. Still, the penalty for not participating seems to be revocation of a license that the person might not have. i.e. no penalty at all.. Surely I must be mistaken.

As a DM, I don't have a "crew license" as far as I know but I'm pretty sure I'd never work this town again if I refused to be tested or failed the test.

 

[nolatom]

My recollection (subject to correction, have at it) is that the only licensed mariner would be the Captain, with a 50 or 100-Ton license as the minimum, depending on boat tonnage. Deckhands I don't believe were certificated, like ABs This, of course, is governed by the COI. The ovenight dive boats I was on (primarily Frank's/Melanie's boat "back in the day") had two captains-- Frank, and a licensed "second captain", the latter typically stood the night watch, 6pm to 6am. On the SPREE (and the FLING, a sistership), the wheelhouse is like a "forward extension" of the salon a couple of steps up, so sitting in the Captain's chair gave a decent view of the salon if you swiveled around. Staying awake being what it is, second captain (meaning me on one or two occasions) would "rove" to the head or out onto the dive deck to get some air, and down the ladder into the bunkroom corridor. The head(s) being in the salon near the below-deck bunkroom stairway, meant passengers would come up and use the facilities and sometimes come forward and chat--a welcome thing at 0400, or anytime really.

Different boats, different design, construction, and layout. From the photos,the Conception wheelhouse was a on a separate deck, above the salon.

 

[KevinNM]

The COI required a licensed mate. But it's either a 97 or 66 registered ton vessel (don't know how to read the COI) and I don't think there is a formal mate license/credential for a less than 100 ton vessel. So don't know.

 

[diverrex]

The USCG is one of the uniformed services. Marijuana is still illegal at the federal level. I would be highly suspicious of anyone claiming that they're free to smoke a little green and still crew an inspected boat just because it's legal in their state.

The typical boat briefing in California has a section something like:

“This boat is regulated by the USCG which is part of the Federal government so even though marijuana may be legal in California it is not legal on this boat. Do not bring any aboard even if it is medically prescribed.”

They don’t allow it for their passengers no way would they allow it for crew.

 

[Akimbo]

No one knows what insurance the boat carries aside from the insurer and the owner. You can go as low as a million, or as much as (I've heard) 10 million.

Do policies like this have a "gross negligence" exclusion that lets the insurer of the hook? The amount of the policy probably doesn't matter. I suspect that even 10 million will fall short when this goes to civil court, especially in California.