Section 12.56.940. Drugs and alcohol.

	(a)  A deputy marine pilot or marine pilot licensed under this chapter may not consume alcohol or a controlled substance any time between 12 hours before going on duty and the conclusion of duty. If directed to do so for reasonable cause by the marine pilot coordinator or the United States Coast Guard, a pilot shall provide a breath sample to be tested for the presence of alcohol and a blood or urine sample to be tested for the presence of alcohol or a controlled substance.  
	(b)  A pilot shall participate in a random drug testing program conducted according to the requirements of 46 C.F.R. 16 and 49 C.F.R. 40, as amended as of December 4, 1992.  
	(c)  For the purposes of this section and enforcement of AS 28.35.030, the standard for intoxication for deputy marine pilots and marine pilots is .04 grams or more of alcohol per 210 liters of the pilot's breath.  
	(d)  A deputy marine pilot or marine pilot is subject to disciplinary sanctions under AS 08.62.150 and 08.62.155 for  
		(1) a violation of (a) or (b) of this section;  
		(2) being under the influence of alcohol while on duty on a vessel; or  
		(3) using a controlled substance listed in AS 11.71.140 - 11.71.190 at any time and documented by drug testing that meets the standards of (b) of this section.  
	(e)  The board will, in its discretion, revoke the license of a pilot who has, since the date of initial licensure, received a second criminal conviction or disciplinary sanction for a drug or alcohol related incident as described in this section.  
	(f)  A pilot shall report to the board any conviction of a crime involving that pilot's personal consumption of alcohol or a controlled substance or possession or illegal sale of a controlled substance. The department will, in its discretion, investigate each report and recommend to the board whether disciplinary action should be considered.  
	(g)  Failure of a pilot to file a report with the board within 30 days after a conviction described in (f) of this section is grounds for disciplinary action under AS 08.62.150 and 08.62.155.  
	(h)  A pilot shall provide a report to the marine pilot coordinator by January 31 of each year stating whether the pilot has participated in a random drug testing program during the previous year.  

Authorities

08.62.040;08.62.150;08.62.155

Notes

Reference

12 AAC 56.025
12 AAC 56.080

Authority

AS 08.62.040 AS 08.62.150 AS 08.62.155

History

Eff. 4/8/88, Register 106; am 7/26/90, Register 115; am 11/7/93, Register 128; am 5/17/95, Register 134