New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION
Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM
Section 16:64-9.8 - Reasonable belief testing

Universal Citation: NJ Admin Code 16:64-9.8

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The Pilots Association and the Independent Pilots Association shall require any pilot or apprentice who is reasonably believed to have used or be using a dangerous drug or alcohol to submit to a chemical drug test for dangerous drugs and alcohol.

(b) The Pilots Associations and the Independent Pilots Associations decision to test shall be based on a reasonable and articulable belief that the pilot or apprentice has used or is using a dangerous drug or alcohol based on direct observation of specific, contemporaneous physical, behavior, or performance indicators of probable use. Where practicable, this belief should be based on the observation of the pilot or apprentice by two licensed pilots.

(c) Any pilot or apprentice who entertains a reasonable belief, as set forth in (b) above, shall immediately notify the President or his or her designee of the Pilots Association and the Independent Pilots Association. The President or his or her designee of the Pilots Association and the Independent Pilots Association shall direct the pilot or apprentice to undergo a chemical drug test for dangerous drugs and alcohol as soon as practicable, but not more than eight hours after the President or member of the Executive Committee of the Pilots Association and the Independent Pilots Association is made aware of a reasonable belief.

(d) In all cases where an individual is required to be tested pursuant to (a) above, a written report shall be made which:

1.Includes the facts upon which the reasonable belief is based, including the specific, contemporaneous physical, behavioral, or performance indicators of probable use of dangerous drugs or alcohol;

2. Is signed by the licensed pilots in (c) above and the President or his or her designee of the Pilots Association and the Independent Pilots Association; and

3.Is submitted to the Commission within 72 hours of the administering of the chemical drug test.

(e) Any pilot or apprentice required to undergo reasonable belief testing shall be prohibited from engaging in any duties pending the outcome of the tests. The pilot or apprentice shall be returned to normal duties if the tests are negative.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.