# Operator Obligation to Promulgate a Policy on the Misuse of Alcohol **Citation:** 199.239 **Type / status:** regulation / current **Agency:** Arkansas Public Service Commission **Effective:** Not stated **Published:** Not stated § 199.239 Operator Obligation to Promulgate a Policy on the Misuse of Alcohol (a) General requirement. Each operator shall provide educational materials that explain these alcohol misuse requirements and the operator's policies and procedures with respect to meeting those requirements. (1) The opera ## Document text § 199.239 Operator Obligation to Promulgate a Policy on the Misuse of Alcohol (a) General requirement. Each operator shall provide educational materials that explain these alcohol misuse requirements and the operator's policies and procedures with respect to meeting those requirements. (1) The operator shall ensure that a copy of these materials is distributed to each covered employee prior to the start of alcohol testing under this subpart, and to each person subsequently hired for or transferred to a covered position. (2) Each operator shall provide written notice to representatives of employee organizations of the availability of this information. (b) Required content. The materials to be made available to covered employees shall include detailed discussion of at least the following: (1) The identity of the person designated by the operator to answer covered employee's questions about the materials. (2) The categories of employees who are subject to the provisions of this subpart. (3) Sufficient information about the covered functions performed by those employees to make clear what period of the workday the covered employee is required to be in compliance with this subpart. (4) Specific information concerning covered employee conduct that is prohibited by this subpart. (5) The circumstances under which a covered employee will be tested for alcohol under this subpart. (6) The procedures that will be used to test for the presence of alcohol, protect the covered employee and the integrity of the breath testing process, safeguard the validity of the test results, and ensure that those results are attributed to the correct employee. (7) The requirement that a covered employee submit to alcohol tests administered in accordance with this subpart. (8) An explanation of what constitutes a refusal to submit to an alcohol test and the attendant consequences. (9) The consequences for covered employees found to have violated the prohibitions under this subpart, including the requirement that the employee be removed immediately from covered functions, and the procedures under § 199.243. (10) The consequences for covered employees found to have an alcohol concentration of 0.02 or greater but less than 0.04. (11) Information concerning the effects of alcohol misuse on an individual's health, work, and personal life; signs and symptoms of an alcohol problem (the employee's or a coworker's); and including intervening evaluating and resolving problems associated with the misuse of alcohol including intervening when an alcohol problem is suspected, confrontation, referral to any available EAP, and/or referral to management. (c) Optional provisions. The materials supplied to covered employees may also include information on additional operator policies with respect to the use or possession of alcohol, including any consequences for an employee found to have a specified alcohol level, that are based on the operator's authority independent of this subpart. Any such additional policies or consequences shall be clearly described as being based on independent authority. ## Provenance - Official: Yes - Source: - Source ID: `ar-car-pipeline-safety` - SHA-256: `00f38a2a6d6407a6fbb23db42a63816d8cddc5d0628e8adab2945e723164c53c` - Retrieved: 2026-08-12T08:10:37.612Z - Exported: 2026-08-22T18:28:02.116Z - Document slug: `ar-car-23-500-199-239` ### 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" } ```