reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 261 - Piping Beyond The Meter › Warning Tags › Section 261.55 - Warning tag inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Whenever an operator recognizes a condition whereby a gas appliance or gas line
					 may cause a hazard to life or property, if allowed to operate in its current
					 condition, the employee shall attach a warning tag to the appliance, piping or
					 meter.
(b) The warning tag shall
					 state the class of the hazardous condition, the actions to be taken by the
					 customer and shall recommend that the customer contact the company for a
					 reinspection.
(c) The operator is
					 not required to conduct a complete inspection of the entire installation every
					 time it is on a customer's premises.
(d) The operator is to conduct a visual
					 inspection of the service regulator vent when working in the vicinity of the
					 regulator and it is accessible.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 261 - Piping Beyond The Meter › Warning Tags › Section 261.57 - Warning tag: class a condition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A Class A condition presents an immediate
					 hazard requiring the operator to shut off the gas and lock the meter, unless
					 the operator can effectively isolate the affected area from the rest of the
					 system.
(b) Class A conditions
					 include, but are not limited to:
(1) any
					 leaking gas piping inside the building which cannot be stopped by temporary or
					 permanent repair means;
(2) any
					 space or water heating appliance that is not properly venting and is
					 discharging carbon monoxide;
(3)
					 any venting system, used to convey flue gases, that is defective, obstructed or
					 inoperable; and
(4) heat exchangers
					 which are corroded or cracked beyond repair or blocked and which cause products
					 of combustion to enter the warm air distribution system.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 261 - Piping Beyond The Meter › Warning Tags › Section 261.59 - Warning tag: class b condition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A Class B condition presents an immediate
					 hazard requiring the operator to shut off the gas but not to lock the
					 meter.
(b) If an extreme hardship
					 would result (imminent danger to health and property) by shutting off the gas
					 and the operator can render the condition temporarily safe, the gas may remain
					 on for Class B conditions other than the one described in paragraph (c)(1) of
					 this section.
(1) If the operator leaves the
					 gas on and is not notified within five calendar days that repairs have been
					 made, it shall conduct a reinspection and shall shut off the gas if the
					 hazardous condition has not been permanently repaired.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 261 - Piping Beyond The Meter › Warning Tags › Section 261.61 - Warning tag: class c condition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A Class C condition does not present an
					 immediate hazard, but if not corrected, may become hazardous. The operator may
					 leave the gas on.
(b) Class C
					 conditions include, but are not limited to:
(1) any gas pipe or appliance which was
					 leaking and has been temporarily repaired;
(2) situations where the clearance between
					 combustibles and appliances or vent connectors are less than required but no
					 immediate fire hazard exists;
(3)
					 any gas piping or appliance connection identified as improper or
					 inappropriate;
(4) vent connectors
					 that have a rusty condition, no draft diverter where required, reduced size or
					 are incorrectly installed but drawing satisfactorily;
(5) improperly installed appliances such as
					 those identified in the National Fuel Gas Code--NFPA 54 (as described in
					 section
					 10.3 
					 of this Title); and
(6) any
					 properly vented appliance developing excessive carbon monoxide.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 261 - Piping Beyond The Meter › Warning Tags › Section 261.63 - Warning tag: action and follow-up

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a Class A condition is discovered,
					 the operator shall lock off the gas supply at the meter, unless the affected
					 piping or gas-fired appliance can be effectively isolated and secured from the
					 rest of the system, and issue a warning tag.
(1) If the operator is not advised by the
					 customer within 10 calendar days that the condition has been corrected and
					 service is ready to be reinstituted, the operator shall contact the customer no
					 later than the end of the first business day after the 10-day period to
					 determine the status of service.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 261 - Piping Beyond The Meter › Warning Tags › Section 261.65 - Warning tag records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 operator shall maintain warning tag records which, as a minimum, shall indicate
					 that the operator issued a warning tag, whether or not a signature was
					 obtained, and the actions taken regarding the supply of gas to the faulty
					 appliance or piping. The records shall also include the date of issuance, the
					 nature of the hazardous condition, the signature and/or name of the person
					 notified.
(b) In the case of all
					 Class A conditions, and Class B and C conditions where reinspection was
					 requested, the records shall also include any follow-up actions taken, the date
					 and results of any reinspections and the date when the warning tag was
					 removed.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Section 262.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				  requires operators of pipe-line facilities subject to part 192, 193 or 195 of
				  title 49 of the Code of Federal Regulations (49 CFR) to test employees for the
				  presence of prohibited drugs and provide an employee assistance
				  program.
(b) A description of part
				  40, 190, 192, 193, 195 or 199 of title 49 of the Code of Federal Regulations
				  (49 CFR), as referenced in this Part, may be found in section
				  10.2  of this
				  Title.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Section 262.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				  applies to pipeline operators, only with respect to pipeline employees located
				  within the territory of the United States.
(b) This Part does not apply to any person
				  for whom compliance with this Part would violate the domestic laws or policies
				  of another country.
(c) This Part
				  does not apply to covered functions performed on:
(1) master meter systems defined in section
				  262.3  of
				  this Part; or
(2) pipelines that
				  transport only petroleum gas or petroleum gas/air mixtures.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Section 262.5 - Dot procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The anti-drug and alcohol programs required by this Part
					 must be conducted according to the requirements of this Part and the DOT
					 procedures. Terms and concepts used in this Part have the same meaning as in
					 the DOT procedures. Violations of DOT procedures with respect to anti-drug and
					 alcohol programs required by this Part are violations of this
					 Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Section 262.7 - Stand-down waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  operator who seeks a waiver under
				  49
				  CFR 40.21 from the stand-down restriction
				  must submit an application for waiver in duplicate to the Office of Gas and
				  Water of the Department of Public Service.
(b) Each application must:
(1) identity section 40.21 of 49 CFR as the
				  rule from which the waiver is sought;
(2) explain why the waiver is requested and
				  describe the employees to be covered by the waiver; and
(3) contain the information required by
				  49
				  CFR 40.21 and any other information or
				  arguments available to support the waiver requested.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Drug Testing › Section 262.100 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these drug testing rules is to establish
						programs designed to help prevent accidents and injuries resulting from the use
						of prohibited drugs by employees who perform covered functions for operators of
						certain pipeline facilities subject to  49 CFR part 192, 193 or
						195.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Drug Testing › Section 262.101 - Anti-drug plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 operator shall maintain and follow a written anti-drug plan that conforms to
					 the requirements of this Part and the DOT procedures. The plan must contain:
(1) methods and procedures for compliance
					 with all the requirements of this Part, including the employee assistance
					 program;
(2) the name and address
					 of each laboratory that analyzes the specimens collected for drug
					 testing;
(3) the name and address
					 of the operator's medical review officer and substance abuse professional;
					 and
(4) procedures for notifying
					 employees of the coverage and provisions of the plan.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Drug Testing › Section 262.103 - Use of persons who fail or refuse a drug test

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An operator may not knowingly use as an
					 employee any person who:
(1) fails a drug test
					 required by this Part and the medical review officer makes a determination
					 under section
					 262.15(d)(2) 
					 of this Part; or
(2) refuses to
					 take a drug test required by this Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Drug Testing › Section 262.107 - Drug testing laboratory

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 operator shall use for the drug testing required by this Part only drug testing
					 laboratories certified by the U.S. Department of Health and Human Services
					 under the DOT procedures.
(b) The
					 drug testing laboratory must permit:
(1)
					 inspections by the operator before the laboratory is awarded a testing
					 contract; and
(2) unannounced
					 inspections, including examination of records, at any time, by the operator,
					 the administrator, and a representative of the department.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Drug Testing › Section 262.109 - Review of drug testing results

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 MRO appointment. Each operator shall designate or appoint a medical review
					 officer (MRO). If an operator does not have a qualified individual on staff to
					 serve as MRO, the operator may contract for the provision of MRO services as
					 part of its anti-drug program.
(b)
					 MRO qualifications. The MRO must be a licensed physician who has the
					 qualifications required by DOT procedures.
(c) MRO duties. The MRO must perform
					 functions for the operator as required by DOT procedures.
(d) MRO reports. The MRO must report all drug
					 test results to the operator in accordance with DOT procedures.
(e) 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.
(f) The
					 operators shall ensure that a substance abuse professional, who determines that
					 a covered employee requires assistance in resolving problems with drug abuse,
					 does not refer the covered 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 paragraph does not prohibit a substance abuse
					 professional from referring a covered 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 drug 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.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Drug Testing › Section 262.111 - Retention of samples and additional testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Samples that yield positive results on
					 confirmation must be retained by the laboratory in properly secured, long term,
					 frozen storage for at least 365 days as required by the DOT procedures. Within
					 this 365-day period, the employee or his representative, the operator, the
					 administrator, or the department may request that the laboratory retain the
					 sample for an additional period. If, within the 365-day period, the laboratory
					 has not received a proper written request to retain the sample for a further
					 reasonable period specified in the request, the sample may be discarded
					 following the end of the 365-day period.
(b) If the medical review officer (MRO)
					 determines there is no legitimate medical explanation for a confirmed positive
					 test result other than the unauthorized use of a prohibited drug, and if timely
					 additional testing is requested by the employee according to DOT procedures,
					 the split specimen must be tested. The employee may specify retesting by the
					 original laboratory or by a second laboratory that is certified by the
					 Department of Health and Human Services. The operator may require the employee
					 to pay in advance the cost of shipment (if any) and reanalysis of the sample,
					 but the employee must be reimbursed for such expense if the additional test is
					 negative.
(c) If the employee
					 specifies testing by a second laboratory, the original laboratory must follow
					 approved chain of custody procedures in transferring a portion of the
					 sample.
(d) Since some analytes may
					 deteriorate during storage, detected levels of the drug below the detection
					 limits established in the DOT procedures, but equal to or greater than the
					 established sensitivity of the assay, must, as technically appropriate, be
					 reported and considered corroborative of the original positive
					 results.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Drug Testing › Section 262.113 - Employee assistance program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each operator shall provide an employee
					 assistance program (EAP) for its employees and supervisory personnel who will
					 determine whether an employee must be drug tested based on reasonable cause.
					 The operator may establish the EAP as a part of its internal personnel services
					 or the operator may contract with an entity that provides EAP services. Each
					 EAP must include education and training on drug use. At the discretion of the
					 operator, the EAP may include opportunity for employee
					 rehabilitation.
(b) Education under
					 each EAP must include at least the following elements: display and distribution
					 of informational material; display and distribution of a community service hot
					 line telephone number for employee assistance; and display and distribution of
					 the employer's policy regarding the use of prohibited drugs.
(c) Training under each EAP for supervisory
					 personnel who will determine whether an employee must be drug tested based on
					 reasonable cause must include one 60-minute period of training on the specific,
					 contemporaneous physical, behavioral, and performance indicators of probable
					 drug use.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Drug Testing › Section 262.115 - Contractor employees

Current through Register Vol. 46, No. 28, July 10, 2024
With respect to those employees who are contractors or
						employed by a contractor, an operator may provide by contract that the drug
						testing, education, and training required by this Part be carried out by the
						contractor provided:
(a) The operator
					 remains responsible for ensuring that the requirements of this Part are
					 complied with.
(b) The contractor
					 allows access to property and records by the operator, the administrator, and a
					 representative of the department for the purpose of monitoring the operator's
					 compliance with the requirements of this Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Drug Testing › Section 262.117 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each operator
					 shall keep the following records for the periods specified and permit access to
					 the records as provided by subdivision (b) of this section:
(1) Records that demonstrate the collection
					 process conforms to this Part must be kept for at least three years.
(2) Records of employee drug test results
					 that indicate a verified positive result, records that demonstrate compliance
					 with the recommendations of a substance abuse professional, and MIS annual
					 report data shall be maintained for a minimum of five years.
(3) Records of employee drug test results
					 that show employee passed a drug test must be kept for at least one
					 year.
(4) Records confirming that
					 supervisors and employees have been trained as required by this Part must be
					 kept for at least three years.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.200 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to establish programs
						designed to help prevent accidents and injuries resulting from the misuse of
						alcohol by employees who perform covered functions for operators of certain
						pipeline facilities subject to part 192, 193 or 195 of title 49 of the Code of
						Federal Regulations (49 CFR).
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.202 - Alcohol misuse plan

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator shall maintain and follow a written alcohol
						misuse plan that conforms to the requirements of this Part and the DOT
						procedures concerning alcohol testing programs. The plan shall contain methods
						and procedures for compliance with all the requirements of this Part, including
						required testing, recordkeeping, reporting, education and training
						elements.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.209 - Other requirements imposed by operators

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.211 - Requirement for notice

Current through Register Vol. 46, No. 28, July 10, 2024
Before performing an alcohol test under this Part, each
						operator shall notify a covered employee that the alcohol test is required by
						this Part. No operator shall falsely represent that a test is administered
						under this Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.215 - Alcohol concentration

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator shall prohibit a covered employee from
						reporting for duty or remaining on duty requiring the performance of covered
						functions while having an alcohol concentration of 0.04 or greater. No operator
						having actual knowledge that a covered employee has an alcohol concentration of
						0.04 or greater shall permit the employee to perform or continue to perform
						covered functions.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.217 - On-duty use

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator shall prohibit a covered employee from
						using alcohol while performing covered functions. No operator having actual
						knowledge that a covered employee is using alcohol while performing covered
						functions shall permit the employee to perform or continue to perform covered
						functions.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.219 - Pre-duty use

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator shall prohibit a covered employee from
						using alcohol within four hours prior to performing covered functions, or, if
						an employee is called to duty to respond to an emergency, within the time
						period after the employee has been notified to report for duty. No operator
						having actual knowledge that a covered employee has used alcohol within four
						hours prior to performing covered functions or within the time period after the
						employee has been notified to report for duty shall permit that covered
						employee to perform or continue to perform covered functions.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.221 - Use following an accident

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator shall prohibit a covered employee who has
						actual knowledge of an accident in which his or her performance of covered
						functions has not been discounted by the operator as a contributing factor to
						the accident from using alcohol for eight hours following the accident unless
						he or she has been given a post-accident test under section
						262.225(a) 
						of this Part, or the operator has determined that the employee's performance
						could not have contributed to the accident.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.223 - Refusal to submit to a required alcohol test

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator shall require a covered employee to submit
						to a post-accident alcohol test required under section
						262.225(a) 
						of this Part, a reasonable suspicion alcohol test required under section
						262.225(b) 
						of this Part, or a follow-up alcohol test required under section
						262.225(d) 
						of this Part. No operator shall permit an employee who refuses to submit to
						such a test to perform or continue to perform covered
						functions.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.225 - Alcohol tests required

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator shall conduct the following types of
						alcohol tests for the presence of alcohol:
(a) Post-accident.
(1) As soon as practicable following an
					 accident, each operator shall test each surviving covered employee for alcohol
					 if that employee' s performance of a covered function either contributed to the
					 accident or cannot be completely discounted as a contributing factor to the
					 accident. The decision not to administer a test under this section shall be
					 based on the operator's determination, using the best available information at
					 the time of the determination, that the covered employee's performance could
					 not have contributed to the accident.
(i) If a
					 test required by this section is not administered within two hours following
					 the accident, the operator shall prepare and maintain on file a record stating
					 the reasons the test was not promptly administered. If a test required by this
					 subdivision is not administered within eight hours following the accident the
					 operator shall cease attempts to administer an alcohol test and shall state in
					 the record the reasons for not administering the test.
(ii) [Reserved]
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.227 - Retention of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
					 requirement. 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.
(b) Period of
					 retention. 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.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.229 - Reporting of alcohol testing results

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each large operator (having more than 50
					 covered employees) shall submit an annual MIS report to RSPA of its alcohol
					 testing results using the management information system (MIS) form and
					 instructions as required by  49 CFR part 40  (at section 40.25 and appendix H to
					 part 40), by March 15th of each year for the previous calendar year (January
					 1st though December 31st). The administrator may require by written notice that
					 a small operator (50 or fewer covered employees), not otherwise required to
					 submit annual MIS reports, submit such a report to RSPA.
(b) Each operator that has a covered employee
					 who performs mult-DOT agency functions (e.g., an employee performs pipeline
					 maintenance duties and drives a commercial motor vehicle), count the employee
					 only on the MIS report for the DOT agency under which he or she is tested.
					 Normally, this will be the DOT agency under which the employee performs more
					 than 50 percent of his or her duties. Operators may have to explain the testing
					 data for these employees in the event of a DOT agency inspection or
					 audit.
(c) Each report required
					 under this section, shall be submitted to the Office of Pipeline Safety (OPS),
					 Research and Special Program Administration, Department of Transportation, Room
					 7128, 400 Seventh Street SW, Washington, DC 20590. RSPA will allow the operator
					 the option of sending the report on the computer disk provided by RSPA. If this
					 option is used, a signature page attesting to the validity of the information
					 on the computer disk must be sent to the address in this section.
(d) A service agent (e.g., Consortia/Third
					 Party Administrator as defined in  49 CFR part 40) may prepare the MIS report on
					 behalf of an operator. However, each report shall be certified by the
					 operator's anti-drug manager or designated representative for accuracy and
					 completeness.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.231 - Access to facilities and records

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.233 - Removal from covered function

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in sections
						262.239
						through
						262.243 
						of this Part, no operator shall permit any covered employee to perform covered
						functions if the employee has engaged in conduct prohibited by sections
						262.215
						through
						262.223 
						of this Part or an alcohol misuse rule of another DOT agency.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.235 - Required evaluation and testing

Current through Register Vol. 46, No. 28, July 10, 2024
No operator shall permit a covered employee who has
						engaged in conduct prohibited by sections
						262.215
						through
						262.223 
						of this Part to perform covered functions unless the employee has met the
						requirements of section
						262.243 
						of this Part.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.237 - Other alcohol-related conduct

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No operator shall permit a covered
					 employee tested under the provisions of section
					 262.225  of
					 this Part, who is found to have an alcohol concentration of 0.02 or greater but
					 less than 0.04, to perform or continue to perform covered functions until:
(1) the employee's alcohol concentration
					 measures less than 0.02 in accordance with a test administered under section
					 262.225(e) 
					 of this Part; or
(2) the start of
					 the employee's next regularly scheduled duty period, but not less than eight
					 hours following administration of the test.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.239 - Operator obligation to promulgate a policy on the misuse of alcohol

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
					 requirements. 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.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.241 - Training for supervisors

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator shall ensure that persons designated to
						determine whether reasonable suspicion exists to require a covered employee to
						undergo alcohol testing under section
						262.225(b) 
						of this Part receive at least 60 minutes of training on the physical,
						behavioral, speech, and performance indicators of probable alcohol
						misuse.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.243 - Referral, evaluation, and treatment

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
(c)
(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.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter C - Safety › Part 262 - Drug And Alcohol Testing › Alcohol Misuse Prevention Program › Section 262.245 - Contractor employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) With
					 respect to those covered employees who are contractors or employed by a
					 contractor, an operator may provide by contract that the alcohol testing,
					 training and education required by this Part be carried out by the contractor
					 provided:
(1) the operator remains responsible
					 for ensuring that the requirements of this Part and  49 CFR part 40  are complied
					 with; and
(2) the contractor allows
					 access to property and records by the operator, the administrator, any DOT
					 agency with regulatory authority over the operator or covered employee, and, if
					 the operator is subject to the jurisdiction of the department, a representative
					 of the department for the purposes of monitoring the operator's compliance with
					 the requirements of this Part and  49 CFR part 40.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter D - Rates And Charges › Part 271 - Penalties And Discounts-consumers' Bills-gas Corporations › Section 271.1 - Late payment charges

Current through Register Vol. 46, No. 28, July 10, 2024
Any corporation, partnership or person furnishing gas,
					 electric, steam or water service may impose a late payment charge, either
					 one-time or continuing interest type, because of the failure of any customer to
					 pay a bill for such service within a specified period therein
					 stated.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter D - Rates And Charges › Part 271 - Penalties And Discounts-consumers' Bills-gas Corporations › Section 271.2 - Contents of bill

Current through Register Vol. 46, No. 28, July 10, 2024
If any corporation, partnership or person furnishing gas,
					 electric, steam or water service elects to impose a charge for a one-time late
					 payment for such service, it shall show on each bill the amount billed, the
					 amount that will be due, including the late payment charge, when the late
					 payment charge becomes applicable.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter D - Rates And Charges › Part 271 - Penalties And Discounts-consumers' Bills-gas Corporations › Section 271.3 - Amount of late payment charge

Current through Register Vol. 46, No. 28, July 10, 2024
If a one-time late payment charge is imposed, it shall not
					 exceed 10 percent on the first $10 (except that a minimum charge may be made of
					 not to exceed 15 cents per bill), plus not to exceed three percent on that
					 portion of the bill over $10.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter D - Rates And Charges › Part 271 - Penalties And Discounts-consumers' Bills-gas Corporations › Section 271.4 - Contents of rate schedules

Current through Register Vol. 46, No. 28, July 10, 2024
In case a one-time late payment charge is imposed, the rate
					 schedules shall show the rates for service, the amount due including the late
					 payment charge when the charge becomes applicable, and the period during which
					 the bill may be paid without the imposition of the late payment
					 charge.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter D - Rates And Charges › Part 271 - Penalties And Discounts-consumers' Bills-gas Corporations › Section 271.5 - Increase in rates prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No corporation, partnership or person furnishing gas,
					 electric, steam or water service shall so revise or redraft its rate schedules
					 in compliance with this Part as to increase the rates for service applicable to
					 any customer as compared with the rates now in effect without special
					 permission of the commission.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter D - Rates And Charges › Part 272 - Penalties And Discounts-consumers' Bills-municipal Gas Utilities › Section 272.1 - Late payment charge

Current through Register Vol. 46, No. 28, July 10, 2024
Any municipality furnishing gas, electric or steam service
					 may impose a late payment charge, either one-time or continuing interest type,
					 because of the failure of any customer to pay a bill for such service within a
					 specified period therein stated.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter D - Rates And Charges › Part 272 - Penalties And Discounts-consumers' Bills-municipal Gas Utilities › Section 272.2 - Contents of bill

Current through Register Vol. 46, No. 28, July 10, 2024
If any municipality furnishing gas, electric or steam
					 service elects to impose a one-time charge for late payment for such service,
					 it shall show on each bill the amount billed, the amount that will be due,
					 including the late payment charge, when the late payment charge becomes
					 applicable.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter III - GAS UTILITIES › Subchapter D - Rates And Charges › Part 272 - Penalties And Discounts-consumers' Bills-municipal Gas Utilities › Section 272.3 - Amount of late payment charge

Current through Register Vol. 46, No. 28, July 10, 2024
If a one-time late payment charge is imposed, it shall not
					 exceed an amount equal to 10 percent of the first $10 of any bill, plus three
					 percent of any amount of such bill in excess of $10; provided, however, that a
					 minimum charge may be made of not to exceed 15 cents per bill, and further
					 provided that there may be allowed in any block of a rate schedule a late
					 payment charge of one mill per kilowatt hour of electricity or one mill per 100
					 cubic feet of gas.