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§2303a Post Serious Marine Casualty Alcohol Testing

Title 46 › Subtitle Subtitle II— Vessels and Seamen › Part A— General Provisions › Chapter 23— OPERATION OF VESSELS GENERALLY › § 2303a

Last updated Apr 5, 2026|Official source

Summary

The Secretary must set up rules so that anyone who ran the vessel or did safety-critical work is tested for alcohol after a serious ship accident. The test must be done within 2 hours unless doing the test would be unsafe because of the accident. If testing is delayed for safety reasons, it must happen as soon as it is safe to do so. Testing is not required more than 8 hours after the accident.

Full Legal Text

Title 46, §2303a

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(a)The Secretary shall establish procedures to ensure that after a serious marine casualty occurs, alcohol testing of crew members or other individuals responsible for the operation or other safety-sensitive functions of the vessel or vessels involved in such casualty is conducted no later than 2 hours after the casualty occurs, unless such testing cannot be completed within that time due to safety concerns directly related to the casualty.
(b)The procedures in subsection (a) shall require that if alcohol testing cannot be completed within 2 hours of the occurrence of the casualty, such testing shall be conducted as soon thereafter as the safety concerns in subsection (a) have been adequately addressed to permit such testing, except that such testing may not be required more than 8 hours after the casualty occurs.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283 substituted “individuals” for “persons”.

Reference

Citations & Metadata

Citation

46 U.S.C. § 2303a

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Last Updated

Apr 5, 2026

Release point: 119-73not60