# 262.239 Operator obligation to promulgate a policy on the misuse of alcohol. **Citation:** 16 NYCRR 262.239 **Type / status:** regulation / current **Agency:** New York State Public Service Commission **Effective:** Not stated **Published:** Not stated Drug and Alcohol Testing. Each operator shall provide educational materials that explain these alcohol misuse requirements and the operator's policies and procedures with respect to meeting those requirements. (1) The operator shall ensure that a copy of these materials is distributed to each covered employee prior to start of alcohol testing under this Part, and to each person subs ## Document text Each operator shall provide educational materials that explain these alcohol misuse requirements and the operator's policies and procedures with respect to meeting those requirements. (1) The operator shall ensure that a copy of these materials is distributed to each covered employee prior to start of alcohol testing under this Part, and to each person subsequently hired for or transferred to a covered position. (2) Each operator shall provide written notice to representatives of employee organizations of the availability of this information. The materials to be made available to covered employees shall include detailed discussion of at least the following: (1) the identity of the person designated by the operator to answer covered employee questions about the materials; (2) the categories of employees who are subject to the provisions of this Part; (3) sufficient information about the covered functions performed by those employees to make clear what period of the work day the covered employee is required to be in compliance with this Part; (4) specific information concerning covered employee conduct that is prohibited by this Part; (5) the circumstances under which a covered employee will be tested for alcohol under this Part; (6) the procedures that will be used to test for the presence of alcohol, protect the covered employee and the integrity of the breath testing process, safeguard the validity of the test results, and ensure that those results are attributed to the correct employee; (7) the requirement that a covered employee submit to alcohol tests administered in accordance with this Part; (8) an explanation of what constitutes a refusal to submit to an alcohol test and the attendant consequences; (9) the consequences for covered employees found to have violated the prohibitions under this Part, including the requirement that the employee be removed immediately from covered functions, and the procedures under section 262.243 of this Part; (10) the consequences for covered employees found to have an alcohol concentration of 0.02 or greater but less than 0.04; and (11) information concerning the effects of alcohol misuse on an individual's health, work, and personal life; signs and symptoms of an alcohol problem (the employee's or a coworker's); and including intervening, evaluating and resolving problems associated with the misuse of alcohol, including intervening when an alcohol problem is suspected, confrontation, referral to any available EAP, and/or referral to management. The materials supplied to covered employees may also include information on additional operator policies with respect to the use or possession of alcohol, including any consequences for an employee found to have a specified alcohol level, that are based on the operator's authority independent of this Part. Any such additional policies or consequences shall be clearly described as being based on independent authority. ## Provenance - Official: Yes - Source: - Source ID: `ny-dps-nycrr` - SHA-256: `9cb57bfe6aa732c0add1b05bb2b04e224c993ac38259b9bfe709fe6b4eb4a131` - Retrieved: 2026-08-12T06:20:40.894Z - Exported: 2026-08-24T18:24:16.621Z - Document slug: `ny-nycrr-262-239` ### 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 262.239", "identityAnomaly": null, "references": [ { "citation": "16 NYCRR 262.243", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I505eb9b1cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" } ], "region": "NY" } ```