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 262.105 - Drug tests required

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator shall conduct the following drug tests for
						the presence of a prohibited drug:
(a)
					 Pre-employment testing. No operator may hire or contract for the use of any
					 person as an employee unless that person passes a drug test or is covered by an
					 anti-drug program that conforms to the requirements of this Part.
(b) Post-accident test. As soon as possible
					 but no later than 32 hours after an accident, an operator shall drug test each
					 employee whose performance either contributed to the accident or cannot be
					 completely discounted as a contributing factor to the accident. An operator may
					 decide not to test under this paragraph but such a decision must be based on
					 the best information available immediately after the accident that the
					 employee's performance could not have contributed to the accident or that,
					 because of the time between that performance and the accident, it is not likely
					 that a drug test would reveal whether the performance was affected by drug
					 use.
(c) Random testing.
(1) Except as provided in paragraphs (2)
					 through (4) of this subdivision, the minimum annual percentage rate for random
					 drug testing shall be 50 percent of covered employees.
(2) The administrator's decision to increase
					 or decrease the minimum annual percentage rate for random drug testing is based
					 on the reported positive rate for the entire industry. All information used for
					 this determination is drawn from the drug Management Information System (MIS)
					 reports required by part 199 of title 49 of the Code of Federal Regulations (49
					 CFR). In order to ensure reliability of the data, the administrator considers
					 the quality and completeness of the reported data, may obtain additional
					 information or reports from operators, and may make appropriate modifications
					 in calculating the industry positive rate. Each year, the administrator will
					 publish in the Federal Register the minimum annual percentage rate for random
					 drug testing of covered employees. The new minimum annual percentage rate for
					 random drug testing will be applicable starting January 1st of the calendar
					 year following publication.
(3)
					 When the minimum annual percentage rate for random drug testing is 50 percent,
					 the administrator may lower this rate to 25 percent of all covered employees if
					 the administrator determines that the data received under the reporting
					 requirements of 199.119 of title 49 of the Code of Federal Regulations (49 CFR)
					 for two consecutive calendar years indicate that the reported positive rate is
					 less than 1.0 percent.
(4) When the
					 minimum annual percentage rate for random drug testing is 25 percent, and the
					 data received under the reporting requirements of section 199.119 of title 49 of the Code of Federal Regulations (49 CFR) for any calendar year indicate that
					 the reported positive rate is equal to or greater than 1.0 percent, the
					 administrator will increase the minimum annual percentage rate for random drug
					 testing to 50 percent of all covered employees.
(5) The selection of employees for random
					 drug testing shall be made by a scientifically valid method, such as a random
					 number table or a computer-based random number generator that is matched with
					 employees' Social Security numbers, payroll identification numbers, or other
					 comparable identifying numbers. Under the selection process used, each covered
					 employee shall have an equal chance of being tested each time selections are
					 made.
(6) The operator shall
					 randomly select a sufficient number of covered employees for testing during
					 each calendar year to equal an annual rate not less that the minimum annual
					 percentage rate for random drug testing determined by the administrator. If the
					 operator conducts random drug testing through a consortium, the number of
					 employees to be tested may be calculated for each individual operator or may be
					 based on the total number of covered employees covered by the consortium who
					 are subject to random drug testing at the same minimum annual percentage rate
					 under this Part or any DOT drug testing rule.
(7) Each operator shall ensure that random
					 drug tests conducted under this Part are unannounced and that the dates for
					 administering random tests are spread reasonably throughout the calendar
					 year.
(8) If a given covered
					 employee is subject to random drug testing under the drug testing rules of more
					 than one DOT agency for the same operator, the employee shall be subject to
					 random drug testing at the percentage rate established for the calendar year by
					 the DOT agency regulating more than 50 percent of the employee's
					 function.
(9) If an operator is
					 required to conduct random drug testing under the drug testing rules of more
					 than one DOT agency, the operator may:
(i)
					 establish separate pools for random selection, with each pool containing the
					 covered employees who are subject to testing at the same required rate;
					 or
(ii) randomly select such
					 employees for testing at the highest percentage rate established for the
					 calendar year by any DOT agency to which the operator is subject.