# 262.243 Referral, evaluation, and treatment. **Citation:** 16 NYCRR 262.243 **Type / status:** regulation / current **Agency:** New York State Public Service Commission **Effective:** Not stated **Published:** Not stated Drug and Alcohol Testing. (a) Each covered employee who has engaged in conduct prohibited by sections 262.215 through 262.223 of this Part shall be advised of the resources available to the covered employee in evaluating and resolving problems associated with the misuse of alcohol. This includes the names, addresses, and telephone numbers of substance abuse professionals and counseli ## Document text (a) Each covered employee who has engaged in conduct prohibited by sections 262.215 through 262.223 of this Part shall be advised of the resources available to the covered employee in evaluating and resolving problems associated with the misuse of alcohol. This includes the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs. (b) Each covered employee who engages in conduct prohibited under sections 262.215 through 262.223 of this Part shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse. (1) Before a covered employee returns to duty requiring the performance of a covered function after engaging in conduct prohibited by sections 262.215 through 262.223 of this Part, the employee shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02. (2) In addition, each covered employee identified as needing assistance in resolving problems associated with alcohol misuse: (i) shall be evaluated by a substance abuse professional to determine that the employee has properly followed any rehabilitation program prescribed under subdivision (b) of this section; and (ii) shall be subject to unannounced follow-up alcohol tests administered by the operator following the employee's return to duty. The number and frequency of such follow-up testing shall be determined by a substance abuse professional, but shall consist of at least six tests in the first 12 months following the employee's return to duty. In addition, follow-up testing may include testing for drugs, as directed by the substance abuse professional, to be performed in accordance with 49 CFR part 40. Follow-up testing shall not exceed 60 months from the date of the employee's return to duty. The substance abuse professional may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the substance abuse professional determines that such testing is no longer necessary. (d) Evaluation and rehabilitation may be provided by the operator, by a substance abuse professional under contract with the operator, or by a substance abuse professional not affiliated with the operator. The choice of substance abuse professional and assignment of costs shall be made in accordance with the operator/employee agreements and operator/employee policies. (e) The operator shall ensure that a substance abuse professional who determines that a covered employee requires assistance in resolving problems with alcohol misuse does not refer the employee to the substance abuse professional's private practice or to a person or organization from which the substance abuse professional receives remuneration or in which the substance abuse professional has a financial interest. This subdivision does not prohibit a substance abuse professional from referring an employee for assistance provided through: (1) a public agency, such as a State, county, or municipality; (2) the operator or a person under contract to provide treatment for alcohol problems on behalf of the operator; (3) the sole source of therapeutically appropriate treatment under the employee's health insurance program; or (4) the sole source of therapeutically appropriate treatment reasonably accessible to the employee. ## Provenance - Official: Yes - Source: - Source ID: `ny-dps-nycrr` - SHA-256: `bb5259b13f18bc6896db1005149072dd9dcc9e1a33fccd5f60cbaa0a2839a459` - Retrieved: 2026-08-12T06:20:40.894Z - Exported: 2026-08-26T15:45:42.448Z - Document slug: `ny-nycrr-262-243` ### 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 262.243", "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 262.215", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I505e92bdcd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" } ], "region": "NY" } ```