§ 1142 — Mandatory drug screening

Delaware § 1142

• Jurisdiction: Delaware
• Title: 16
• Part: Regulatory Provisions Concerning Public Health
• Ch. 11: Long-Term Care Facilities and Services
• Subch.: Criminal Background Checks; Mandatory Drug Screening; Long-Term Care Facilities; Nursing Home Compliance with Title XIX of the Social Security Act.

Text

(a) An employer may not employ an applicant without first obtaining the results of that applicant’s mandatory drug screening.

(b) All applicants must submit to mandatory drug screening, as specified by regulations promulgated by the Department.

(c) The Department shall promulgate regulations, regarding the pre-employment testing of all applicants, for use of all of the following illegal drugs:

(1) Marijuana/cannabis.

(2) Cocaine.

(3) Opiates.

(4) Phencyclidine (“PCP”).

(5) Amphetamines.

(6) Any other illegal drug specified by the Department under regulations promulgated under this section.

(d) An agency, including temporary agencies, must provide the drug screening results it receives regarding an applicant referred to work in a facility to that particular facility so that the facility is better able to make an informed decision whether to accept the referral.

(e) The employer must provide confirmation of the drug screen in the manner prescribed by the Department’s regulations.

(f) Any employer who fails to comply with the requirements of this section is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.

Legislative History

71 Del. Laws, c. 466, § 2 ; 72 Del. Laws, c. 2, § 1 ; 72 Del. Laws, c. 366, § 1 ; 78 Del. Laws, c. 303, § 2 ; 81 Del. Laws, c. 206, § 42