Delaware Drug Testing Laws and Regulations

State:	Delaware

Statute of Order:	Del. Code Ann. Tit. 21 §2708

Covered Employers:	Public and private schools and entities that furnish transportation services to schools; Department of Corrections.

Applicant Testing:	Testing required to certify school bus drivers. Testing also required for security-sensitive positions with Department of Corrections.

Employee Testing:	Employee testing is not subject to restriction.

Conditions & Methods:	Further analysis in case of positive findings.

Important Bulletpoints:	State specified job industries where drug testing are compulsory include home healthcare practitioners, staff for nursing homes, school bus drivers and aids, those involved in harness racing and employees of the Department of Corrections. Delaware employers are required by law to pay for all expenses for required employment related medical examinations. Drug testing is presumed to be categorized as a medical examination however there have been no court precedents that have made a decision on this matter. Employers of nursing homes who fail to comply with the mandatory drug or intoxication screening requirements may be liable to pay State mandated fines. Employees who are tested positive or refuse to be tested for controlled substance use or intoxication may be regarded as ineligible to receive workers’ compensation benefits as well as unemployment benefits. For such purposes, employers must have a written policy on maintaining a drug-free workplace program. Apart from those enumerated above, no other legal restrictions or rules exists in Delaware insofar as testing for substance abuse for employment purposes are concerned and as such it may be considered an “open” State.

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Delaware Drug Testing Laws and Regulations

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