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Delaware - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Delaware

Instant or POCT Testing

Permitted

Non negative screens must be confirmed by a laboratory.

Drug Panels

No restrictions

Laboratory

Certification required

Must be SAMHSA certified or CAP approved

Medical Review Officer

Not Required

Highly recommended

Random Testing

No Restrictions

Post-Accident

No Restrictions

Reasonable Suspicion

No Restrictions

Oral Fluids

Permitted

Hair Testing

Permitted

Unemployment Denial

Yes

Workers Comp Discount

No

Intoxication Defense

Yes

Workers’ Compensation intoxication defense to a claim exists but there is no rebuttable presumption.

Medical Marijuana

Yes

No provision for an employer to allow the ingestion of marijuana in any workplace or to allow any employee to work while under the influence of marijuana. A positive result does not automatically mean an employee is under the influence at work.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

Delaware has no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program or any aspect of it. Testing is the employer’s choice.