# 262.231 Access to facilities and records. **Citation:** 16 NYCRR 262.231 **Type / status:** regulation / current **Agency:** New York State Public Service Commission **Effective:** Not stated **Published:** Not stated Drug and Alcohol Testing. (a) Except as required by law or expressly authorized or required in this Part, no employer shall release covered employee information that is contained in records required to be maintained in section 262.227 of this Part. (b) A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of alcohol, i ## Document text (a) Except as required by law or expressly authorized or required in this Part, no employer shall release covered employee information that is contained in records required to be maintained in section 262.227 of this Part. (b) A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of alcohol, including any records pertaining to his or her alcohol tests. The operator shall promptly provide the records requested by the employee. Access to a employee's records shall not be contingent upon payment for records other than those specifically requested. (c) Each operator shall permit access to all facilities utilized in complying with the requirements of this Part to the Secretary of Transportation, any DOT agency, or a representative of a state agency with regulatory authority over the operator. (d) Each operator shall make available copies of all results for employer alcohol testing conducted under this Part and any other information pertaining to the operators alcohol misuse prevention program when requested by the department. The information shall include name- specific alcohol test results, records, and reports. (e) When requested by the National Transportation Safety Board as part of an accident investigation, an operator shall disclose information related to the operator's administration of any post-accident alcohol tests administered following the accident under investigation. (f) An operator shall make records available to a subsequent employer upon receipt of the written request from the covered employee. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the employee's written request. (g) An operator may disclose information without employee consent as provided by DOT procedures concerning certain legal proceedings. (h) An operator shall release information regarding a covered employee's records as directed by the specific, written consent of the employee authorizing release of the information to an identified person. Release of such information by the person receiving the information is permitted only in accordance with the terms of the employee's consent. ## Provenance - Official: Yes - Source: - Source ID: `ny-dps-nycrr` - SHA-256: `790983803e63ff6636e565820086b27d5fb579139dc64ef59aef155bb47c4a2c` - Retrieved: 2026-08-12T06:20:40.894Z - Exported: 2026-08-25T08:31:45.188Z - Document slug: `ny-nycrr-262-231` ### 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 262.231", "identityAnomaly": null, "references": [ { "citation": "16 NYCRR 262.227", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I505e92cfcd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" } ], "region": "NY" } ```