N.Y. Comp. Codes R. & Regs. tit. 16 § 262.237

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

Section 262.237 - Other alcohol-related conduct

(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.

(b) Except as provided in subdivision (a) of this section, no operator shall take any action under this Part against an employee based solely on test results showing an alcohol concentration less than 0.04. This does not prohibit an operator with authority independent of this Part from taking any action otherwise consistent with law.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 262.237