Current through Register Vol. 63, No. 3, March 1, 2024
(1) Guide Boat Operator's Knowledge
Examination:
(a) An examination must be
completed every five years.
(b) The
passing score is 75 percent.
(c) If
the applicant fails the examination, they may retake it after a thirty (30) day
waiting period.
(2)
Health Screenings shall:
(a) Be of such scope
to ensure that there are no conditions that pose significant risk of a sudden
incapacitation or debilitating complication. This screening must also consider
any condition requiring medication that impairs cognitive ability, judgment, or
reaction time,
(b) Be based on
Title 49 Code of Federal Regulations (CFR) part 391.41-391.49 as stated on
01/01/2016 (US Department of Transportation (DOT) requirements)) as the
recommended guideline for health screening requirements and limitations,
and
(c) Include documented proof of
compliance from a medical practitioner certifying that the applicant's health
poses no significant risk as described in the Health Screening.
(3) If at any time there is any
medical condition that could impair one's ability to operate a boat, the
individual must:
(a) Stop providing all
Outfitter and Guide motorboat operations;
(b) Notify the Marine Board within 48 hours;
and
(c) Submit documentation from a
medical practitioner certifying that the applicant's health poses no
significant risk as described in the Health Screening prior to providing
Outfitter and Guide boat operations.
(4) Drug testing program shall include:
(a) Pre-employment drug testing. Drug testing
must be completed within 60 days prior to initial application for a Motorized
Passenger Boat Operator's Certification or prior to a renewal as an Outfitter
and Guide or employee after a lapse in registration of one year or
greater.
(b) Participation in a
drug consortium. The consortium is defined as a service agent that provides or
coordinates a variety of drug and alcohol testing programs including random
testing.
(c) Testing for drug
presence including cocaine, amphetamines, phencyclidine (PCP), and opiates.
Title 49 CFR part 40 as established 01/01/2016 sets the predetermined levels
which determine a test to be positive or negative for the presence of dangerous
drugs.
(d) Testing procedures in
accordance with Title 49 CFR part 40 as established on 01/01/2016. The analysis
will be performed at laboratories certified and monitored by the Department of
Health and Human Services (DHHS).
(5) Individuals receiving a verified
positive, adulterated, or substituted drug test result must:
(a) Stop providing all Outfitter and Guide
services.
(b) Notify the Marine
Board within 48 hours.
(c)
Successfully complete the following return-to-duty process:
(A) Submit to evaluation and treatment from a
Substance Abuse Professional (SAP). SAP professional shall be as defined in
Title 49 CFR part 40 as established on 01/01/2016.
(B) Provide documentation of compliance with
the SAP recommendations to the Marine Board.
(C) Upon successful completion, submit proof
of drug testing once a month for the next 12 months. The results of this
screening shall be submitted to the Marine Board by the fifteenth day of each
month.
(D) Desist from providing
any Outfitter and Guide services until return to work approval is obtained from
the Marine Board.
(d)
Provide proof of compliance in the form of a letter from the service provider
attesting to participation in a drug consortium.
(6) A violation of any of the provisions of
this section shall result in a suspension, revocation or denial of an Outfitter
and Guide registration and Motorized Passenger Boat Operator Certification.
(a) A violation of drug testing provisions
shall include civil penalties not to exceed $500.
(b) Refusal to take a drug test, refusing to
comply with SAP recommendations, or tampering with or attempting to alter a
test shall result in an immediate revocation of an Outfitter and Guide
registration and motorized passenger boat operator certification for up to 24
months.
(7) All
associated costs of health and drug screening relating to the provisions of
this section shall be the responsibility of the Outfitter and Guide or the
Outfitter and Guide employee.
Statutory/Other Authority: ORS
704.500
Statutes/Other Implemented: ORS
704.020