Workplace drug testing issues – State Laws – Delaware
These categories do not affect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Instant or POCT Testing
Non negative screens must be confirmed by a laboratory.
Must be SAMHSA certified or CAP approved
Medical Review Officer
Workers Comp Discount
Workers’ Compensation intoxication defense to a claim exists but there is no rebuttable presumption.
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.
Report Driver DOT Positives
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.
Medical Marijuana - 4470 State of Delaware Medical Marijuana Code
Intoxication Defense – Denial of Workers Compensation Claim – Title 19, Chapter 23, Workers Compensation - § 2353 Forfeiture or suspension of right to compensation.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.
Delaware State Law
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