# 262.227 Retention of records.

**Citation:** 16 NYCRR 262.227  
**Type / status:** regulation / current  
**Agency:** New York State Public Service Commission  
**Effective:** Not stated  
**Published:** Not stated

Drug and Alcohol Testing. Each operator shall maintain records of its alcohol misuse prevention program as provided in this section. The records shall be maintained in a secure location with controlled access and shall be in a form that is immediately accessible to the administrator or representatives of the department.

Each operator shall maintain the records in accordance with the

## Document text

Each operator shall maintain records of its alcohol misuse prevention program as provided in this section. The records shall be maintained in a secure location with controlled access and shall be in a form that is immediately accessible to the administrator or representatives of the department.

Each operator shall maintain the records in accordance with the following schedule:

(1) Five years. Records of employee alcohol test results with results indicating an alcohol concentration of 0.02 or greater, documentation of refusals to take required alcohol tests, calibration documentation, employee evaluation and referrals, and MIS annual report data shall be maintained for a minimum of five years.

(2) Two years. Records related to the collection process (except calibration of evidential breath testing devices), and training shall be maintained for a minimum of two years.

(3) One year. Records of all test results below 0.02 (as defined in 49 CFR 40) shall be maintained for a minimum of one year.

The following specific records shall be maintained:

(1) Records related to the collection process:

(i) collection log books, if used;

(ii) calibration documentation for evidential breath testing devices;

(iii) documentation of breath alcohol technician training;

(iv) documents generated in connection with decisions to administer suspicion alcohol tests;

(v) documents generated in connection with decisions on post-accident tests; and

(vi) documents verifying existence of a medical explanation of the inability of a covered employee to provide adequate breath for testing;

(2) records related to test results:

(i) the operator's copy of the alcohol test form, including the results of the test;

(ii) documents related to the refusal of any covered employee to submit to an alcohol test required by this Part; and

(iii) documents presented by a employee to dispute the result of alcohol test administered under this Part;

(3) records related to other violations of this Part;

(4) records related to evaluations:

(i) records pertaining to a determination by a substance abuse professional concerning a covered employee's need for assistance; and

(ii) records concerning a covered employee's compliance with the recommendations of the substance abuse professional;

(5) record(s) related to the operator's MIS annual testing data;

(6) records related to education and training:

(i) materials on alcohol misuse awareness, including a copy of the operator's policy on alcohol misuse;

(ii) documentation of compliance with the requirements of section 262.231 of this Part.

(iii) documentation of training provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for alcohol testing based on reasonable suspicion; and

(iv) certification that any training conducted under this Part complies with the requirements for such training.

## Provenance

- Official: Yes
- Source: <https://govt.westlaw.com/nycrr/Document/I505e92cfcd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)>
- Source ID: `ny-dps-nycrr`
- SHA-256: `bf4fca9e036191e86601cbf9107d84ee5fef3ca6cec3702d53a460d62de72ffc`
- Retrieved: 2026-08-12T06:20:40.894Z
- Exported: 2026-08-23T21:59:26.381Z
- Document slug: `ny-nycrr-262-227`

### 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 262.227",
  "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"
    },
    {
      "citation": "16 NYCRR 262.231",
      "referenceType": "new-york-administrative-code",
      "url": "https://govt.westlaw.com/nycrr/Document/I505e92d5cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)"
    }
  ],
  "region": "NY"
}
```