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.
Pass Drug Testing 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.

10 Things to Know To Pass A Drug Test In Delaware

1) A General Background

The state of Delaware is considered as a hybrid state. Over here, the employers are supposed to test certain category of workers. A perfect example of a job profile wherein drug testing is a perquisite is the home healthcare department.

2) The Limitations Involved

Employers have certain limitations when they opt for drug testing laws. Delaware is an open state wherein there are no rules whatsoever which limit the testing of drugs to the workplace. Hence, tests can be carried out anyplace, with special regards to state recognized labs.

3) Policy Restrictions

The state does not ask for a written policy. However, there are certain test industries wherein a written police is required. Likewise, in the case of worker’s employment and unemployment purposes, the employers must have a valid written policy in place.

4) Notices And Costs

In the state of Delaware, there is requirement of a prior notice. Likewise, the overall costs of these medical exams are to be born by the employer. It should also be kept in mind that a drug test has not been determined as a medical test by the court of law.

5) The Consequences

According to the state law, there are no limits set on drug testing. It is therefore up to the employers to set certain standards and proceed accordingly. If the employers find that their employees have crossed the permissible limit, they are free to take action.

6) Who All Can Be Tested

Although there is no mandate on the tests, certain industry workers need to be tested on a regular basis. These include home healthcare services, nursing home, department of corrections, school bus drivers/aids and harnessing racing. There are also no specified areas of testing and hence lots of products are therefore covered in the tests.

7) When To Carry Out The Test And How

There is no time limit pertaining to the drug tests and employers may carry out the tests as and when required. Likewise, the tests can be performed at any place. They should preferably be performed at recognized labs.

8) Fines In Case Of Failure

Certain high risk jobs such as commercial drivers and construction workers need drug testing. Certain other professions such as home healthcare workers, department of correction employees and harness racing workers need to undergo these tests or else they can be fined.

9) The Compensation Benefit

Workers who fail the drug tests are considered guilty. They are also termed intoxicated and this in turn may effect their earning capacity, with special regards to the workers compensation and unemployment benefits. Hence, such employees need to take their tests with utmost care.

10) A Word Of Caution

Although the state of Delaware is often regarded as an open state, there are certain rules which need to be adhered to by both the employers as well as the employees. These rules have been listed above and they need to be read with utmost care.

PASS A DRUG TEST IN DELAWARE