# Other Requirements Imposed by Operators

**Citation:** 199.209  
**Type / status:** regulation / current  
**Agency:** Arkansas Public Service Commission  
**Effective:** Not stated  
**Published:** Not stated

§ 199.209 Other Requirements Imposed by Operators (a) Except as expressly provided in this subpart, nothing in this subpart shall be construed to affect the authority of operators, or the rights of employees, with respect to the use or possession of alcohol, including authority and rights with respe

## Document text

§ 199.209 Other Requirements Imposed by Operators (a) Except as expressly provided in this subpart, nothing in this subpart shall be construed to affect the authority of operators, or the rights of employees, with respect to the use or possession of alcohol, including authority and rights with respect to alcohol testing and rehabilitation. (b) Operators may, but are not required to, conduct pre-employment alcohol testing under this subpart. Each operator that conducts pre-employment alcohol testing must- (1) Conduct a pre-employment alcohol test before the first performance of covered functions by every covered employee (whether a new employee or someone who has transferred to a position involving the performance of covered functions); (2) Treat all covered employees the same for the purpose of pre-employment alcohol testing (i.e., you must not test some covered employees and not others); (3) Conduct the pre-employment tests after making a contingent offer of employment or transfer, subject to the employee passing the pre-employment alcohol test; (4) Conduct all pre-employment alcohol tests using the alcohol testing procedures in DOT Procedures; and (5) Not allow any covered employee to begin performing covered functions unless the result of the employee's test indicates an alcohol concentration of less than 0.04.

## Provenance

- Official: Yes
- Source: <https://codeofarrules.arkansas.gov/Rules/Rule?chapterID=40&levelType=part&partID=1394&subChapterID=392&titleID=23>
- Source ID: `ar-car-pipeline-safety`
- SHA-256: `60228ee693f678c8eff139f35e75d87392801a79bdb348d7b869120db1319f53`
- Retrieved: 2026-08-12T08:10:37.612Z
- Exported: 2026-08-24T16:47:04.047Z
- Document slug: `ar-car-23-500-199-209`

### Source metadata

```json
{
  "jurisdiction": "US-AR",
  "subject": "intrastate-gas",
  "caveats": {
    "exactScope": "The searchable corpus contains every current numbered section, the code-wide definitions, and every operative appendix in official 23 CAR Part 500, plus direct pipeline rules 15 CAR sections 275-406 and 275-504. Reserved and removed provisions are inventory-only.",
    "excludedScope": "This is not all Arkansas pipeline law. Standalone statutes, dockets and orders, one-call law, utility rates and service, siting, environmental permits, highway crossings, local law, forms, and incorporated third-party standards are excluded. Other current AOGC gas and transportation rules are inventoried as adjacent production, conservation, storage, or fluid-transport material.",
    "applicabilityCaveat": "APSC administers certified intrastate gas safety downstream of producer custody transfer. AOGC section 275-406 separately reaches specified producer or producer-affiliated natural-gas systems. AOGC section 275-504 imposes state permitting and operational duties on specified hazardous-liquid pipelines, but PHMSA states that it directly inspects and enforces intrastate hazardous-liquid pipeline safety in Arkansas. Inclusion does not establish applicability to a particular facility.",
    "incorporationCaveat": "AOGC sections 275-406 and 275-504 use dynamic 'as amended' wording for federal Parts 190, 191, 192, 195, and 199. Part 500 is a state code that reproduces and modifies federal-derived gas provisions. References and relationship records do not substitute a retrieval-date federal text or decide the legal effect of incorporation.",
    "publicationCaveat": "The Code of Arkansas Rules identifies its online database as the official version, effective as a publication system January 1, 2025, updated weekly, and potentially behind recent agency rulemaking. The official Part 500 page reports Ark. R. 2026-6 effective January 8, 2026; its PDF is headed August 22, 2025 and Docket 25-025-R. Retrieval and site-update dates are publication observations, not inferred legal effective dates for every section.",
    "rights": "Official Arkansas and federal government artifacts are archived with attribution and SHA-256 provenance. Public access does not settle rights in seals, site presentation, forms, incorporated standards, or third-party material; downstream redistribution requires separate review."
  },
  "rightsReviewRequired": true,
  "references": [],
  "codePart": "23 CAR pt. 500",
  "partEffectiveOn": "2026-01-08",
  "partEffectiveDateNotImputedToIndividualProvision": true,
  "federalDerivedStateCode": true,
  "sourceCollection": "ar-car-23-part-500",
  "region": "AR"
}
```