b'LEGALRecent USCG Hearing Of cer Decision: The letter cautioned that if appealed, the assessment could be increased to Not All Serious Marine Incidents$7,370.00 if not accepted within 30 days of the notice. Require Drug Testing Under Regulation 46 CFR 4.06-1, By Steven E. Bers, Esq., Whiteford, Taylor & Preston [A]t the time of occurrence of a marine casualty . . . the marine employer shall O n December 19, 2019, a U.S.Coast Guard Regulation 46 CFRmake a timely good faith determination as to whether the occurrence currently Coast Guard Hearing Officer4.03-2, the death of a passenger con- is or is likely to become a serious issued a decision declining en- stitutes a serious marine incidentmarine incident . . . and shall take all forcement and dismissing a charge that(SMI) for which immediate Coastpractical steps to have each individual a PVA vessel member failed to timelyGuard reporting is required. The masterengaged or employed on board the drug test crewmembers upon the oc- of the involved vessel did dutifullyvessel who is directly involved [authors currence of a serious marine incident:notify the Coast Guard immediatelyemphasis added] in the incident chemi-a passengers death. The decisionof the incident, and the Coast Guardcally testedThe civil penalty as-arose from an incident occurring onreported to the scene and transportedsessment was premised on the belief November 8, 2017, when a passengerthe passenger to the mainland, wherethat the crew involved in snorkeling suffered a heart attack and died whilehe was pronounced dead. oversight and CPR attempts should snorkeling as part of a tourist excursion.On November 20, 2018, one yearhave been tested in a timely manner. The passenger, found floating, waslater, the Coast Guard issued theIn fact, the crew, over the operators quickly retrieved from the water byoperator a $1,000 civil penalty assess- objection to the on-site Coast Guard the vessel crew. Attempts to resuscitatement, alleging that the operator failedinvestigator, was nevertheless tested, the passenger failed, as the passengerto timely drug test the members ofalthough arguably outside the required never regained consciousness. Underthe crew involved in the excursion.minimum required period.See us February 3-6, Booth 38MariTrends 2020at Refit & RepairSistership Currently Under Constuction C HICAGOSE MERALDL ADY 98 (30m) Steel Passenger VesselBurger is a aler Quality Commercial Vessels. Authorized De Built by Burger to Your RequirementsFor Burger is recognized worldwide for quality custom vessels that provide years of dependable service.Aluminum and Steel FabricationRefit and Repair Services Passenger Vessels- Hull Plate Replacement +1 920.686.5117 Water Taxis- Exterior and Interior Coatings sales@burgerboat.com Wind Farm Support Vessels- Engine & Generator Repowersburgerboatcommercial.com Crew Supply Vessels- All Vessel System Repairs GERATIONITIO ING & REFRID NARINE AIR CONOther Vessels to 260 (80m)- Interior Refresh Proudly built in the USA M 30JANUARY/FEBRUARY 2020FOGHORN'