Following a serious marine incident, who can collect a sample of a person's saliva or breath?
• 49 CFR Part 40 – DOT Workplace Drug and Alcohol Testing Procedures (who is allowed to collect alcohol test specimens) • Difference between the employer and a trained collector/operator • What "qualified" or "designated" means in the context of alcohol testing after a marine casualty
• Think about whether the regulations focus on a person’s job title (employer, officer, medical staff) or on specific training and qualification to use the testing device. • Ask yourself: does the rule require a doctor/nurse, or does it allow others who have been properly trained to perform the collection? • Consider whether the marine employer personally must do the test, or if they may use someone else who meets regulatory training requirements.
• Verify who the DOT/USCG rules say may perform alcohol tests—look for wording like "individual trained to operate the EBT or ASD" (Evidential Breath Tester / Alcohol Screening Device). • Confirm whether the regulation ever restricts collection only to medical personnel or only to the employer—watch for the word "only" in the choices. • Make sure the option you pick reflects training and device-operation qualification, not just holding a license or rank.
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