Drug Abuse at Sea:
Crew contracts
The inclusion of a drugs and alcohol clause within a seafarer's contract clarifies the responsibilities and obligations of both parties, irrespective of whether the seafarer is a joint venturer, such as a share fisherman, or a direct employee of the company. If the seafarer is a direct employee a drug and alcohol policy may be required by national law. It is particularly important that by signing the contract the crew members give their consent to submit to the company's drug testing programme and authorise the company to receive the results of those tests. We would recommend that such a clause should:
Reiterate that
the company’s drug and alcohol policy is a safety issue of prime
importance
Stress that no
person shall take on board or be in possession of any unauthorised
drug
Define an unauthorised
drug as a drug which has not been prescribed by a fully qualified medical
practitioner for use by the particular crew member
Stress that crew
members shall disclose to the Master details of any prescribed drugs which
they are carrying/using
State that crew
members specifically consent to provide urine samples or blood samples
on request
State that being
in possession or under the influence of any unauthorised drug on board
the vessel or reporting for duty under the influence
of any unauthorised drug is serious misconduct which
will result in immediate suspension and further disciplinary action
State that refusal
to provide blood or urine samples when requested to do so will in itself
be considered serious misconduct