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 262.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Accident means an incident reportable
				  under  49 CFR part 191  (as described in section
				  10.2  of this
				  Title) involving gas pipeline facilities or LNG facilities, or an accident
				  reportable under  49 CFR part 195  (as described in section
				  10.2  of this
				  Title) involving hazardous liquid or carbon dioxide pipeline
				  facilities.
(b) Administrator means
				  the Administrator of the Research and Special Programs Administration (RSPA) of
				  the Federal Department of Transportation (DOT), or his or her
				  delegate.
(c) Covered employee,
				  employee, or individual to be tested means a person who performs a covered
				  function, including persons employed by the operator, contractors engaged by
				  the operator, and persons employed by such contractors.
(d) Covered function means an operation,
				  maintenance, or emergency-response function that is performed on a pipeline or
				  LNG facility and the function is regulated by  49 CFR part 192, 193 or
				  195.
(e) Department means New York
				  State Department of Public Service as certified under the pipeline safety laws
				   (49
				  U.S.C. 60101 et seq.).
(f) DOT procedures means the Procedures for
				  Transportation Work Place Drug Testing Programs published by the Office of the
				  Secretary of Transportation of the United States in  49 CFR part 40  (as
				  described in section
				  10.2  of this
				  Title).
(g) Fail a drug test means
				  that the confirmation test result shows positive evidence of the presence
				  trader DOT procedures of a prohibited drug in an employee' s system.
(h) Master meter system means an
				  underground/buried pipeline system for distributing gas within, but not limited
				  to, a definable area, such as a mobile home park, housing project, or apartment
				  complex, where the operator purchases metered gas from an outside source for
				  resale through an underground/buried gas distribution pipeline system. The gas
				  distribution pipeline system supplies the ultimate consumer who either
				  purchases the gas directly through a meter or by other means such as by
				  rents.
(i) Operator means a person
				  who owns or operates pipeline facilities subject to  49 CFR part 192, 193 or 195
				   (as described in section
				  10.2  of this
				  Title).
(j) Pass a drug test means
				  that initial testing or confirmation testing under DOT procedures does not show
				  evidence of the presence of a prohibited drug in a person's system.
(k) Performs a covered function includes
				  actually performing, ready to perform or immediately available to perform a
				  covered function.
(l) Positive rate
				  means the number of positive results for random drug tests conducted under this
				  Part plus the number of refusals of random tests required by this Part, divided
				  by the total number of random drug tests conducted under this Part plus the
				  number of refusals of random tests required by this Part.
(m) Prohibited drug means any of the
				  following substances specified in Schedule I or Schedule II of the Controlled
				  Substances Act  21 U.S.C. 801.812  (1981 & 1987) Cum. P.P.): marijuana,
				  cocaine, opiates, amphetamines, and phencyclidine (PCP).
(n) Refuse to submit, refuse, or refuse to
				  take means behavior consistent with DOT Procedures concerning refusal to take a
				  drug test or refusal to take an alcohol test.
(o) RSPA means the Research and Special
				  Programs Administration of the Federal Department of Transportation.