The pattern of life at sea for many seafarers involves periods of isolation, cut off from ordinary life and entertainment. In some cases, seafarers disembark with substantial sums of money—either from wages or, in the case of fishing vessels, from their share of the catch. This combination of liquid assets and the desire to enjoy oneself after periods of isolation and monotony can lead seafarers to excessive consumption of alcohol and/or drugs. This behavior is facilitated by the easy accessibility of drugs in most towns and cities worldwide.
While it might be argued that using drugs while at home or on leave does not infringe upon the ship owner’s zero-tolerance policy, this argument holds no merit. Researches show that the effects of most drugs extend well beyond the time of consumption. Furthermore, there is a significant risk of addiction, which may eventually result in illegal substances being brought aboard vessels.
In many jurisdictions, ship owners, operators, and employers are legally required to provide a safe working environment for their employees. This includes ensuring that crew members are fit and capable of performing their duties safely. Seafarers under the influence of drugs clearly pose a safety hazard, exposing employers to potential civil and criminal liability.
While the symptoms and effects of alcohol are widely recognized within the marine industry, the impacts of drug abuse on work performance, attitude, and behavior are less understood.
A drug is any substance that alters the function of the mind or body.
Drug abuse refers to the inappropriate use of illegal, pres cription, or over-the-counter drugs, whether deliberate or unintentional.
Deliberate abuse involves intentional misuse of substances.
Unintentional abuse may occur as a dependency that develops from the consumption of medication prescribed by a medical professional.
Drug abuse is a serious issue that impacts not only the abuser but also the safety of their crewmates and the vessel.
Excessive consumption of drugs introduces chemicals that can harm both the body and the mind.
Physical coordination is often adversely affected, making the abuser a danger to others while under the influence.
Drug abuse alters thinking, perception, and emotions, leading to:
Impaired memory
Reduced concentration
Poor judgment
These effects increase the risk of harm to the abuser and those around them.
Personal health and wellbeing are often neglected.
Work performance typically declines.
Combining drugs with alcohol is particularly hazardous.
Sharing contaminated needles can lead to severe health conditions, such as HIV, AIDS, and hepatitis.
Drug abuse poses a significant threat to individual health, safety at sea, and the operational integrity of vessels.
Drug users can come from any social or economic background, with no specific class or group distinctions. They can be found in all walks of life and at all social levels.
Physical Characteristics: The appearance of drug users varies depending on the type of drug and the time since the last dose.
Secrecy: Many drug users become adept at lying about their habit and concealing it.
Unnoticed in Crews: In close-knit communities like a ship's crew, loyalty and camaraderie may make it difficult to suspect or believe the worst about a colleague.
Crew members should be encouraged to report any suspicious behavior or known drug use so the matter can be investigated.
A drug testing program is the most reliable way to confirm drug use on a vessel. However, there are several warning signs that may indicate drug use among crew members:
Sudden, unexplained mood swings
Increased irritability and aggression
Tendency to become confused
Abnormal changes in concentration
Decline in job performance
Poor timekeeping
Loss of short-term memory
Lack of interest in their job
Deterioration of relationships with fellow crew members
Theft from the vessel or colleagues
Unexplained changes in financial circumstances
These indicators should prompt further investigation to ensure the safety and wellbeing of the crew and vessel.
Safe working practices are essential on any efficient and well-managed ship. Drug use, including alcohol, over-the-counter medications, and prescribed drugs, can have side effects that significantly increase the risk of accidents on board.
Extended Impact: The effects of some drugs extend beyond the time they are consumed. Even in moderate doses, certain drugs can remain in the body and influence the user for hours or days.
Impaired Abilities: Drugs can cause:
Slow reaction times
Poor coordination
Memory loss
These impairments turn routine tasks into potential dangers, posing risks not only for the drug user but also for the entire crew involved in vessel operations.
Legal Medications: Over-the-counter and prescribed drugs can affect performance just as much as illegal substances.
Disclosure of Medications:
Companies should encourage crew members to disclose any medications prescribed by their doctor.
This is critical as some prescribed drugs may result in positive drug test results.
A clear Drug and Alcohol Policy should be implemented to outline company rules regarding:
The use of drugs and alcohol
Disclosure requirements for medications
This policy ensures that seafarers understand their responsibilities and helps maintain safety on board.
At sea, every crew member is responsible for:
Their own safety
The safety of others
Eliminating drug abuse from the marine industry is in everyone’s best interest to ensure a safe and efficient working environment.
The inclusion of a Drugs and Alcohol (D&A) clause in a seafarer’s employment agreement clarifies the responsibilities and obligations of both the employer and the seafarer. This applies regardless of the seafarer’s employment type, whether as:
Joint venture personnel (e.g., share fishermen)
Temporary agency personnel
Direct employees
For direct employees, national law may require the inclusion of a D&A policy. Employers should:
Consider the applicable laws of the seafarer’s nationality and the contract’s jurisdiction.
Seek professional advice (legal or human resources) when drafting the clause to ensure compliance with relevant laws.
Crew members must understand that by signing the contract, they consent to the company’s drug testing program and authorize access to the results. A comprehensive clause should:
Reinforce the importance of the D&A policy
Highlight that compliance with the policy is mandatory.
Prohibit possession of unauthorized drugs
Define an unauthorized drug as one not prescribed by a qualified medical practitioner for the individual crew member.
Require disclosure of medication
Crew members must inform the Master of any prescribed or over-the-counter drugs they are carrying or using.
Consent to testing
State that crew members must provide samples for testing upon request.
Refusal to comply will be treated as serious misconduct.
Define misconduct and consequences
Possession or influence of unauthorized drugs on board, or reporting to duty while under influence, will result in immediate suspension and further disciplinary action.
To mitigate drug use on board vessels, companies should adopt a proactive and preventive approach:
Establish a clear, documented drug policy to guide crew behavior.
Launch a prevention and education program to inform seafarers about:
The nature and effects of drug use.
The short- and long-term risks to personal safety and shipboard operations.
Ensure that contracts clearly outline responsibilities, testing protocols, and consequences for violations.
Regularly screen crew members to deter and detect drug use.
Clearly communicate a zero-tolerance stance on unauthorized drug use, if applicable.
Encourage camaraderie and reduce isolation through recreational group activities.
Provide:
A varied and nutritious diet.
Fitness equipment to support physical health.
By addressing these key areas, companies can foster a safer, healthier, and more positive working environment for their crew.
The legal implications of drug use and possession on board are severe, affecting both individuals and the company. Whether your company enforces a zero-tolerance policy or not, the legal risks cannot be ignored.
Criminal Charges: Possession of certain drugs is illegal, exposing the user to prosecution and harming their psychological and physical health.
Employer Liability:
Allowing possession, trafficking, or use of illegal drugs on board may result in criminal charges for the shipowner or operator.
Continuing to employ a crew member under the influence of drugs could result in prosecution.
If an employee under the influence of drugs causes an accident, the employer may be held liable for damages or injuries resulting from the incident.
Discovery of Illegal Drugs:
Customs officers finding drugs on board can result in:
Vessel detention
Fines for owners or operators
Confiscation of the vessel in extreme cases
Varied Penalties for Individuals:
Consequences depend on the country and may include:
Fines
Imprisonment
Death penalty in some jurisdictions
The Drug and Alcohol Policy (D&A Policy) should apply not only to employees but also to:
Contractors
Visitors
All individuals on board must comply with the policy to ensure safety and legal compliance.
Creating a robust policy may require the input of professionals in:
Legal advisory
Occupational health
Human resources
Drug users are at a higher risk of becoming involved in smuggling operations to fund their habits. This increases the likelihood of:
Heavy fines for shipowners or operators
Vessel confiscation
A strong policy and proactive measures are essential to mitigate these risks and protect the company from severe legal and financial repercussions.
The Drug and Alcohol Policy (D&A Policy) is typically a combination of a company's drug and alcohol policies. Its primary purpose is to ensure safety at sea by maintaining a drug-free ship, which fosters a safer working environment.
Protects welfare and safety
Ensures the safety of employees, the shipboard environment, and the surrounding ecosystem.
Reduces risks and costs
Minimizes the likelihood of accidents caused by impaired judgment.
Decreases absenteeism and poor work performance.
Saves resources
Reduces the inconvenience and cost of recruiting and training replacement crew members when drug abuse leads to unreliability.
Avoids legal and operational issues
Lowers the chances of fines and vessel detentions.
Improves crew morale
Creates a better and more productive work atmosphere.
The policy must state that failure to comply with the Drug and Alcohol Policy will be treated as gross misconduct, potentially resulting in employment termination.
Purpose and Aims
Clarify the intent and objectives of the policy.
Safety Focus
Emphasize the carriage and use of drugs and alcohol as a safety issue.
Restrict work duties for individuals suspected of impairment.
Company Position
Clearly state the unacceptability of unauthorized drug or alcohol use or possession on board.
Alcohol Limits
Define acceptable alcohol limits if a zero-tolerance policy is not in place.
Prohibited Substances
Specify forbidden drugs, including pres cription drugs, over-the-counter medications, and "legal highs."
Scope of Application
Indicate when, where, and to whom the policy applies.
Testing and Enforcement
Outline the conditions for drug and alcohol testing.
Specify consequences for refusing to provide a sample.
Identify who is responsible for enforcing the policy.
Disciplinary Procedures
Explain actions taken in case of non-compliance, including levels of misconduct and penalties for positive drug tests.
Cooperation with Authorities
Declare the company's intent to cooperate with local authorities as necessary.
Record Maintenance
Highlight the necessity of keeping accurate records.
Medication Declarations
Require crew members to inform the Master of any medications being taken, whether prescribed or over-the-counter.
Compliance Guidance
Provide instructions for those unable to comply with the policy.
Safety Management System (SMS) Reference
If applicable, include more detailed advice within the Safety Management System.
The policy can prohibit the following:
Use, possession, sale, manufacture, distribution, concealment, or transportation of prohibited substances, illegal drug equipment.
In conclusion, the safety and efficiency of vessels depend on maintaining a drug and alcohol-free environment. The dangers associated with drug abuse extend beyond individual health and impact the safety of the entire crew and vessel. Effective policies and education, coupled with clear communication, regular testing, and legal compliance, are essential to mitigating the risks. By promoting a culture of responsibility, wellness, and accountability, vessel operators can ensure that all crew members perform their duties in a safe and efficient manner, protecting both their wellbeing and the operational integrity of the vessel. A strong Drug and Alcohol Policy is a crucial part of this effort, reinforcing safety, reducing risks, and fostering a positive and productive work environment.
