N.Y. Comp. Codes R. & Regs. tit. 16 § 262.3

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

Section 262.3 - Definitions

As used in this Part:

(a) Accident means an incident reportable under 49 CFR part 191 (as described in section 10.2 of this Title) involving gas pipeline facilities or LNG facilities, or an accident reportable under 49 CFR part 195 (as described in section 10.2 of this Title) involving hazardous liquid or carbon dioxide pipeline facilities.

(b) Administrator means the Administrator of the Research and Special Programs Administration (RSPA) of the Federal Department of Transportation (DOT), or his or her delegate.

(c) Covered employee, employee, or individual to be tested means a person who performs a covered function, including persons employed by the operator, contractors engaged by the operator, and persons employed by such contractors.

(d) Covered function means an operation, maintenance, or emergency-response function that is performed on a pipeline or LNG facility and the function is regulated by 49 CFR part 192, 193 or 195.

(e) Department means New York State Department of Public Service as certified under the pipeline safety laws ( 49 U.S.C. 60101 et seq.).

(f) DOT procedures means the Procedures for Transportation Work Place Drug Testing Programs published by the Office of the Secretary of Transportation of the United States in 49 CFR part 40 (as described in section 10.2 of this Title).

(g) Fail a drug test means that the confirmation test result shows positive evidence of the presence trader DOT procedures of a prohibited drug in an employee' s system.

(h) Master meter system means an underground/buried pipeline system for distributing gas within, but not limited to, a definable area, such as a mobile home park, housing project, or apartment complex, where the operator purchases metered gas from an outside source for resale through an underground/buried gas distribution pipeline system. The gas distribution pipeline system supplies the ultimate consumer who either purchases the gas directly through a meter or by other means such as by rents.

(i) Operator means a person who owns or operates pipeline facilities subject to 49 CFR part 192, 193 or 195 (as described in section 10.2 of this Title).

(j) Pass a drug test means that initial testing or confirmation testing under DOT procedures does not show evidence of the presence of a prohibited drug in a person's system.

(k) Performs a covered function includes actually performing, ready to perform or immediately available to perform a covered function.

(l) Positive rate means the number of positive results for random drug tests conducted under this Part plus the number of refusals of random tests required by this Part, divided by the total number of random drug tests conducted under this Part plus the number of refusals of random tests required by this Part.

(m) Prohibited drug means any of the following substances specified in Schedule I or Schedule II of the Controlled Substances Act 21 U.S.C. 801.812 (1981 & 1987) Cum. P.P.): marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP).

(n) Refuse to submit, refuse, or refuse to take means behavior consistent with DOT Procedures concerning refusal to take a drug test or refusal to take an alcohol test.

(o) RSPA means the Research and Special Programs Administration of the Federal Department of Transportation.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 262.3