If a foreign flagged ship has a Serious Marine Incident (SMI) in U.S. waters, they are required to do DOT drug and alcohol testing.
The term Serious Marine Incident (SMI) includes the following events involving a vessel in commercial service: (a) Any marine casualty or accident as defined on the front of this brochure or 46 CFR 4.03-1, which is required by 46 CFR 4.-05-1 to be reported to the Coast Guard and which results in any of the following:
1) One or more deaths;
2) An injury to a crewmember, passenger, or other person which requires professional medical treatment beyond first aid, and, in the case of a person employed aboard a vessel in commercial service, which renders the individual unfit to perform routine vessel duties;
3) Damage to property, as defined in 46 CFR 4.05- 1(a)(7) of this part, in excess of $100,000;
4) Actual or constructive total loss of any vessel Subject to inspection under 46 USC 3301;
5) Actual or constructive total loss of any selfpropelled vessel, not subject to inspection under 46 USC 3301, – 100 gross tons or more;
(b) A discharge of oil of 10,000 gallons or more into the navigable waters of the United States, as defined by 33 USC 1321, whether or not resulting from a marine casualty;
(c) A discharge of a reportable quantity (RQ) of a hazardous substance into navigable waters of the U.S. or a release of a RQ of a hazardous substance into the environment, whether or not resulting from a marine casualty
