§ 8922 — Drug testing required

(a)Random testing. —All Department employees in security sensitive positions shall be subject to random testing for the illegal use of drugs.

(b)Pre-employment testing. —The Department shall test all security sensitive applicants and applicant employees for the illegal use of drugs.

(c)Incident triggered testing. —All Department employees in security sensitive positions shall be subject to incident triggered testing.

(d)Reasonable suspicion testing. —The Department may, acting through its supervisory personnel, conduct a drug test based on a reasonable suspicion that the appearance or conduct of the Department employee in a security sensitive position is indicative of being impaired by an illegal drug. The questioned conduct or appearance should be witnessed and must be documented in writing by a supervisor where practicable.

(e) Nothing in this section shall be construed to limit the Department’s authority pursuant to any other statute, regulation, policy, procedure, contract or other source of authority to test any Department employee for drugs.

Legislative History

70 Del. Laws, c. 340, § 1