# 262.119 Reporting of anti-drug testing results. **Citation:** 16 NYCRR 262.119 **Type / status:** regulation / current **Agency:** New York State Public Service Commission **Effective:** Not stated **Published:** Not stated Drug and Alcohol Testing. (a) Each large operator (having more than 50 covered employees) shall submit an annual MIS report to RSPA of its anti-drug testing using the management information system (MIS) form and instructions as required by 49 CFR part 40 (at section 40.25 and appendix H to part 40), not later than March 15th of each year for the prior calendar year (January 1st throu ## Document text (a) Each large operator (having more than 50 covered employees) shall submit an annual MIS report to RSPA of its anti-drug testing using the management information system (MIS) form and instructions as required by 49 CFR part 40 (at section 40.25 and appendix H to part 40), not later than March 15th of each year for the prior calendar year (January 1st through December 31st). The administrator shall require by written notice that small operators (50 or fewer covered employees) not otherwise required to submit annual MIS reports to prepare and submit such reports to RSPA. (b) Each report required under this section shall be submitted to the Office of Pipeline Safety, Research and Special Programs Administration, U.S. Department of Transportation, Room 7128, 400 Seventh Street, SW, Washington, DC 20590. (c) To calculate the total number of covered employees eligible for random testing throughout the year, as an operator, you must add the total number of covered employees eligible for testing during each random testing period for the year and divide that total by the number of random testing periods. Covered employees, and only covered employees, are to be in an employer's random testing pool, and all covered employees must be in the random pool. If you are an employer conducting random testing more often than once per month (e.g., you select daily, weekly, bi-weekly), you do not need to compute this total number of covered employees rate more than on a once per month basis. (d) As an employer, you may use a service agent (e.g., Consortia/Third Party Administrator (C/TPA) as defined in 49 CFR part 40) to perform random selections for you; and your covered employees may be part of a larger random testing pool of covered employees. However, you must ensure that the service agent you use is testing at the appropriate percentage established for your industry and that only covered employees are in the random testing pool. (e) Each operator that has a covered employee who performs multi-DOT agency functions (e.g., an employee performs pipeline maintenance duties and drives a commercial motor vehicle), count the employee only on the MIS report for the DOT agency under which he or she is randomly tested. Normally, this will be the DOT agency under which the employee performs more than 50 percent of his or her duties. Operators may have to explain the testing data for these employees in the event of a DOT agency inspection or audit. (f) A service agency (e.g., C/TPA) may prepare the MIS report on behalf of an operator. However, each report shall be certified by the operator's anti-drug manager or designated representative for accuracy and completeness. ## Provenance - Official: Yes - Source: - Source ID: `ny-dps-nycrr` - SHA-256: `8248cbcf4bdbe833d486376af578f58e9edc3dedd22aba694cfc1c3bcc9ea4fd` - Retrieved: 2026-08-12T06:20:40.894Z - Exported: 2026-08-27T08:46:53.981Z - Document slug: `ny-nycrr-262-119` ### Source metadata ```json { "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 262.119", "identityAnomaly": null, "references": [ { "citation": "49 CFR Part 40", "referenceType": "cfr", "url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-D/part-40" } ], "region": "NY" } ```