§ 8921 — Definitions

Delaware § 8921

• Jurisdiction: Delaware
• Title: 29
• Part: Departments of Government
• Ch. 89: DEPARTMENT OF CORRECTION
• Subch.: Mandatory Screening for Use of Illegal Drugs

Text

As used in this subchapter unless the context otherwise requires:

(1) “Applicant” means any person who is seeking employment with the Department for a security sensitive position.

(2) “Applicant-employee” means an employee of the State who is an applicant for a security sensitive position in the Department.

(3) “Department technical representative” means an employee of the Department designated by the Commissioner to ensure compliance with the requirements of this subchapter and whose duties include, but are not limited to, the following:

a. Scheduling of urine specimen collections;

b. Designation of collection sites;

c. Assuring the integrity of collection procedures and sites;

d. Assuring the integrity of testing and specimen retention procedures;

e. Reviewing the data and reports; and

f. Acting as the Commissioner’s contact person for the testing for illegal drugs.

(4) “Employee” means a person with whom the State has an employer-employee relationship.

(5) “Incident triggered testing” means any incident involving death or serious physical injury to a Department employee, loss or significant damage to Department property, escape of an inmate or detentioner where the security sensitive employee was directly involved in the incident.

(6) “Random testing” means tests based upon an appropriate random sampling technique, with significant samples of Department employees in security sensitive positions being tested on a periodic basis with all such employees having a reasonably equal chance of being tested.

(7) “Reasonable suspicion” means when the Department, acting through its supervisory personnel, has reasonable suspicion that the appearance or conduct of Department employees in a security sensitive position is indicative of their having being impaired by an illegal drug.

(8) “Security sensitive position” means any of the following positions in the Department:

a. The Commissioner;

b. Bureau Chiefs;

c. Security positions;

d. Employees of the Department who are required or permitted to carry a firearm;

e. Department employees who have a significant degree of responsibility for the safety of others and whose impaired performance or undue influence of that Department employee could potentially result in death or injury to employees or others; or

f. Department employees as otherwise designated by the Department pursuant to its policies and procedures.

Legislative History

70 Del. Laws, c. 340, § 1