N.Y. Comp. Codes R. & Regs. tit. 16 § 262.229

Current through Register Vol. 46, No. 41, October 9, 2024

Section 262.229 - Reporting of alcohol testing results

(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.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 262.229