# 262.117 Recordkeeping.

**Citation:** 16 NYCRR 262.117  
**Type / status:** regulation / current  
**Agency:** New York State Public Service Commission  
**Effective:** Not stated  
**Published:** Not stated

Drug and Alcohol Testing. (a) Each operator shall keep the following records for the periods specified and permit access to the records as provided by subdivision (b) of this section:

(1) Records that demonstrate the collection process conforms to this Part must be kept for at least three years.

(2) Records of employee drug test results that indicate a verified positive result, rec

## Document text

(a) Each operator shall keep the following records for the periods specified and permit access to the records as provided by subdivision (b) of this section:

(1) Records that demonstrate the collection process conforms to this Part must be kept for at least three years.

(2) Records of employee drug test results that indicate a verified positive result, records that demonstrate compliance with the recommendations of a substance abuse professional, and MIS annual report data shall be maintained for a minimum of five years.

(3) Records of employee drug test results that show employee passed a drug test must be kept for at least one year.

(4) Records confirming that supervisors and employees have been trained as required by this Part must be kept for at least three years.

(b) Information regarding an individual's drug testing results or rehabilitation must be released upon the written consent of the individual and as provided by DOT procedures. Statistical data related to drug testing and rehabilitation that is not name specific and training records must be made available to the administrator or the representative of the department upon request.

(c) The laboratory shall release information related to a positive drug test of an individual to the individual, the employer, or the decisionmaker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual and arising from a certified positive drug test.

## Provenance

- Official: Yes
- Source: <https://govt.westlaw.com/nycrr/Document/I505e92a2cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)>
- Source ID: `ny-dps-nycrr`
- SHA-256: `3ea41e710a3fc50f7d0e4b27585149398be19ed8144e19ca3c9ff47ab57506cd`
- Retrieved: 2026-08-12T06:20:40.894Z
- Exported: 2026-08-26T19:40:25.382Z
- Document slug: `ny-nycrr-262-117`

### Source metadata

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{
  "jurisdiction": "US-NY",
  "title": 16,
  "part": "262",
  "partTitle": "Drug and Alcohol Testing",
  "scopeKind": "pipeline-workforce-safety",
  "tocPath": [
    "Part 262 Drug and Alcohol Testing",
    "Drug Testing"
  ],
  "legalScope": "Complete current terminal legal unit exposed by the DPS-designated Title 16 NYCRR pipeline-safety part inventory.",
  "applicabilityCaveat": "Applicability depends on the part and section, Commission jurisdiction, commodity and facility type, intrastate or interstate status, operator and activity, exemptions, waivers, federal preemption, Commission orders, and incorporated law. DPS inspects portions of interstate systems for PHMSA, but PHMSA retains federal enforcement authority. DPS states that all jurisdictional Part 256 gas-holder and Part 257 LPG-plant facilities have been decommissioned even though those regulations remain unrepealed.",
  "incorporationCaveat": "These parts incorporate or rely on federal pipeline regulations, federal and New York statutes, Commission rules and orders, and privately authored technical standards. Part 10 supplies incorporation details. References metadata preserves explicit citations but does not reproduce external material, determine licensing rights, or decide whether a particular incorporation is static or dynamic.",
  "publicationCaveat": "The New York Department of Public Service identifies these eleven Title 16 NYCRR parts as its state pipeline-safety regulations and links to the public DOS/Westlaw NYCRR reading copy. That site labels the online text unofficial and directs users needing evidentiary accuracy to the Official NYCRR maintained by the Department of State Division of Administrative Rules. Each section's 'Current through' date is the most recent official NYCRR supplement covering that section, not a uniform corpus-wide amendment date.",
  "rights": "New York government-edict text is preserved with DPS, Department of State, and publisher attribution. The public reading site's presentation and enhancements, agency marks, forms, annotations, and incorporated federal or privately authored standards require separate rights review; this connector does not claim rights in those materials.",
  "rightsReviewRequired": true,
  "currentThrough": "2024-05-31",
  "historyEvents": "No event is emitted because the section reading copy does not supply an explicit adoption, filing, or effective-date history.",
  "publisherCitation": "16 CRR-NY 262.117",
  "identityAnomaly": null,
  "references": [],
  "region": "NY"
}
```