Each operator shall prohibit a covered employee who has actual knowledge of an accident in which his or her performance of covered functions has not been discounted by the operator as a contributing factor to the accident from using alcohol for eight hours following the accident unless he or she has been given a post-accident test under section 262.225(a) of this Part, or the operator has determined that the employee's performance could not have contributed to the accident.
N.Y. Comp. Codes R. & Regs. Tit. 16 § 262.221