Legal considerations

In some countries it is a criminal offence to employ people at sea who have been convicted of drug offences. In others, although most support the concept of removing drugs from the workplace there may be restrictions on the steps that the shipowner or employer may take to ensure his vessels remain drug free.

Drug testing is recognised and promoted by the International Maritime Organisation, Oil Companies International Maritime Forum, International Ship Management Association, the New Zealand Fishing industry and other industry and Trade Union organisations. Most countries permit drug testing in one form or another where it can be demonstrated that there is a serious safety related aspect to an individual's employment.

The extent of any restrictions varies considerably from one country to another. For example some countries limit an employer's right to carry out drug screening tests as part of the interviewing and recruitment process. In others an employer's ability to carry out random testing of existing employees may be limited.

Problems are however not simply confined to the testing process. Human rights and employment laws can limit the courses of action open to an employer when evidence of drug abuse is discovered. In some countries identified drug abusers can be categorised as disabled and entitled to the benefits and protection of legislation designed to enhance the employment position of disabled persons. Some laws place restrictions on the employer's ability to dismiss seafarers, others require their dismissal. Some countries require the employer to provide medical treatment and rehabilitation.

We recommend that employers should obtain detailed advice about their position from lawyers specialising in employment law. The advice should encompass the law not only in the flag state but also in any other country connected with the seafarer, including his country of residence, the country in which he was recruited, and the country of domicile of any crewing or manning agent.