N.Y. Comp. Codes R. & Regs. tit. 12, § 60-1.14 – Drug and Alcohol Prevention Program.

(a) A drug and alcohol prevention program informs employees of the dangers, to themselves and to others, of drug and alcohol use and abuse in the workplace. The program employs cost effective, confidential, early intervention strategies designed to prevent alcohol and drug related accidents on the job and help employees with drug and alcohol problems that interfere with their ability to function on the job in a safe and effective manner.
(b) Services related to an approved drug and alcohol prevention program may be provided directly by the employer, jointly between the employer and the union that represents the employer’s employees, through the union, or through a contract with an outside provider.
(c) To qualify for an incentive, an employer’s drug and alcohol prevention program shall be documented in writing and communicated in languages and methods clearly understood by all employees.
(d) An acceptable drug and alcohol prevention program shall include, but not be limited to, the following elements:
1. (1) a policy statement in which the employer communicates to all levels of management and to all employees the intent and objectives of the program, including:
  1. (i) the problems which the program is designed to prevent;
  2. (ii) management’s commitment to addressing those problems and to protecting the safety, health, and well-being of all employees and individuals in the workplace;
  3. (iii) recognition that alcohol abuse and drug use pose a threat to workplace safety and health; and
  4. (iv) a clear message that the use of alcohol and drugs in the workplace and impairment on the job are prohibited;
2. (2) a confidential procedure for the timely identification and referral to counseling and treatment of employees with drug and alcohol problems that may affect job performance;
3. (3) confidentiality for all who utilize the program and for the storage and handling of employee records;
4. (4) provisions for the involvement of employees in the structure and operation of the program to facilitate their commitment to achieving its goals and objectives. Such involvement shall be accomplished through the designation of one or more employee representatives and the recognized representatives of each collective bargaining unit, where applicable;
5. (5) an assurance that collective bargaining rights, where applicable, are not diminished by the program;
6. (6) specific procedures to facilitate case monitoring and follow-up services;
7. (7) written plans and procedures to ensure employee safety during emergency situations related to drug and alcohol abuse;
8. (8) an orientation program for new supervisors and employees that communicates the intent and specific elements of the program;
9. (9) a training program for supervisors and employees to develop an awareness and understanding of the problems associated with the abuse of drugs and alcohol in the workplace, the responsibilities of all affected supervisors and employees in the implementation of the program, the rights of all employees, and the procedures for return to work;
10. (10) an effectiveness analysis of the program and its operations;
11. (11) strategies for maintenance and promotion of the program; and
12. (12) designation of a contact at the employer for employees to use when seeking assistance under the employer’s drug and alcohol prevention program.
(e) The final, approved drug and alcohol prevention program plan shall be provided to the designated employee representative(s) in each workplace location or to the recognized representative of each collective bargaining unit, where applicable and shall be made available to all employees upon request.