N.Y. Comp. Codes R. & Regs. tit. 16 § 262.239

Current through Register Vol. 46, No. 45, November 2, 2024

Section 262.239 - Operator obligation to promulgate a policy on the misuse of alcohol

(a) General requirements. Each operator shall provide educational materials that explain these alcohol misuse requirements and the operator's policies and procedures with respect to meeting those requirements.

(1) The operator shall ensure that a copy of these materials is distributed to each covered employee prior to start of alcohol testing under this Part, and to each person subsequently hired for or transferred to a covered position.

(2) Each operator shall provide written notice to representatives of employee organizations of the availability of this information.

(b) Required content. The materials to be made available to covered employees shall include detailed discussion of at least the following:

(1) the identity of the person designated by the operator to answer covered employee questions about the materials;

(2) the categories of employees who are subject to the provisions of this Part;

(3) sufficient information about the covered functions performed by those employees to make clear what period of the work day the covered employee is required to be in compliance with this Part;

(4) specific information concerning covered employee conduct that is prohibited by this Part;

(5) the circumstances under which a covered employee will be tested for alcohol under this Part;

(6) the procedures that will be used to test for the presence of alcohol, protect the covered employee and the integrity of the breath testing process, safeguard the validity of the test results, and ensure that those results are attributed to the correct employee;

(7) the requirement that a covered employee submit to alcohol tests administered in accordance with this Part;

(8) an explanation of what constitutes a refusal to submit to an alcohol test and the attendant consequences;

(9) the consequences for covered employees found to have violated the prohibitions under this Part, including the requirement that the employee be removed immediately from covered functions, and the procedures under section 262.243 of this Part;

(10) the consequences for covered employees found to have an alcohol concentration of 0.02 or greater but less than 0.04; and

(11) information concerning the effects of alcohol misuse on an individual's health, work, and personal life; signs and symptoms of an alcohol problem (the employee's or a coworker's); and including intervening, evaluating and resolving problems associated with the misuse of alcohol, including intervening when an alcohol problem is suspected, confrontation, referral to any available EAP, and/or referral to management.

(c) Optional provisions. The materials supplied to covered employees may also include information on additional operator policies with respect to the use or possession of alcohol, including any consequences for an employee found to have a specified alcohol level, that are based on the operator's authority independent of this Part. Any such additional policies or consequences shall be clearly described as being based on independent authority.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 262.239