§ 1146 — Mandatory drug screening

(a) [Repealed.]

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

(c) All applicants, with the exception of a self-employed individual seeking employment from a private person to provide services in a private residence, must submit to mandatory drug screening, as specified by regulations promulgated by the Department. The requirement for drug screening for self-employed persons seeking employment in a private residence is left to the discretion of the individual in need of care in the private residence.

(d) The Department shall promulgate regulations regarding the pre-employment screening of all applicants for use 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.

(e) An employer may not employ an applicant for work in a private residence before getting the results of that applicant’s drug screening. Upon request, the results of the drug screen must be provided upon the applicant’s commencement of work to the person for whom the services are to be provided, or to the person’s authorized representative.

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

(g) 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

73 Del. Laws, c. 10, § 2 ; 78 Del. Laws, c. 303, § 3 ; 81 Del. Laws, c. 206, § 46