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 262.119 - Reporting of anti-drug 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 anti-drug
					 testing 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), not
					 later than March 15th of each year for the prior calendar year (January 1st
					 through December 31st). The administrator shall require by written notice that
					 small operators (50 or fewer covered employees) not otherwise required to
					 submit annual MIS reports to prepare and submit such reports to RSPA.
(b) Each report required under this section
					 shall be submitted to the Office of Pipeline Safety, Research and Special
					 Programs Administration, U.S. Department of Transportation, Room 7128, 400
					 Seventh Street, SW, Washington, DC 20590.
(c) To calculate the total number of covered
					 employees eligible for random testing throughout the year, as an operator, you
					 must add the total number of covered employees eligible for testing during each
					 random testing period for the year and divide that total by the number of
					 random testing periods. Covered employees, and only covered employees, are to
					 be in an employer's random testing pool, and all covered employees must be in
					 the random pool. If you are an employer conducting random testing more often
					 than once per month (e.g., you select daily, weekly, bi-weekly), you do not
					 need to compute this total number of covered employees rate more than on a once
					 per month basis.
(d) As an
					 employer, you may use a service agent (e.g., Consortia/Third Party
					 Administrator (C/TPA) as defined in  49 CFR part 40) to perform random
					 selections for you; and your covered employees may be part of a larger random
					 testing pool of covered employees. However, you must ensure that the service
					 agent you use is testing at the appropriate percentage established for your
					 industry and that only covered employees are in the random testing
					 pool.
(e) Each operator that has a
					 covered employee who performs multi-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 randomly 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.
(f) A service
					 agency (e.g., C/TPA) 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.