# 262.209 Other requirements imposed by operators.

**Citation:** 16 NYCRR 262.209  
**Type / status:** regulation / current  
**Agency:** New York State Public Service Commission  
**Effective:** Not stated  
**Published:** Not stated

Drug and Alcohol Testing. (a) Except as expressly provided in this Part, nothing in this Part 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 alcoho

## Document text

(a) Except as expressly provided in this Part, nothing in this Part 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 Part. 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 tests;

(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://govt.westlaw.com/nycrr/Document/I505e92b4cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)>
- Source ID: `ny-dps-nycrr`
- SHA-256: `7b7c89167cf94b9a0e19e8a92fa99c863fc3a67c84cb1eb310710801981f5e2a`
- Retrieved: 2026-08-12T06:20:40.894Z
- Exported: 2026-08-25T07:37:44.280Z
- Document slug: `ny-nycrr-262-209`

### 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",
    "Alcohol Misuse Prevention Program"
  ],
  "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 262.209",
  "identityAnomaly": null,
  "references": [],
  "region": "NY"
}
```