Delaware State Flag

Delaware Drug Testing Compliance

Capital Dover Population 952,065
Largest city Wilmington
Area 1,982 sq mi
Criminal rate 51 crimes /10,000 people Time Zone UTC −5/−4

Delaware Employee Background Check Laws

Delaware

Legal status for workplace drug screening and alcohol testing

Our intent is to make Delaware drug screening compliance as simple as possible you don’t have to be a constitutional law scholar to conduct workplace drug testing in Delaware.

Delaware is a “Open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program. However, be aware of the state’s medical marijuana law as it provides certain restrictions on the employer.

This overview is to introduce you to the nature and history of Delaware’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Delaware.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
Yes
Q3: Are there any state requirements for test methods?
A: Safety-sensitive only.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: No current restrictions.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No current restrictions.
Q6: Is it required to use a Certified Laboratory?
A: No restrictions, but organizations are strongly encouraged to use a certified laboratory.
Q7: What types of specimens can we test for?
A: No restrictions.
Q8: Are there restrictions for Alcohol Testing?
A: No current restrictions.

Did you know?

Q1. Can I do a random testing for my employees in Delaware?

Correct!

 

 

 

Answer is Yes!

There are no restrictions in the State of Delaware for any type of testing.

 

Delaware Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing. But, in 2011 the state Legislature passed SB 17, which allows qualified individuals to use marijuana for medical purposes. That law is now codified at 78 Del. Laws, c. 23, §1.

This law significantly restricts employer discipline of employees who are qualified medical marijuana users because of their status as a qualified user or if they test positive for marijuana.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Update: November 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Delaware Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Delaware personal and medical use of marijuana.

Medical Use: The use of marijuana for medical purposes has been authorized in Delaware, and discipline for a positive test for medical marijuana patients is limited. Employer may not discriminate based on status as medical marijuana user. A positive test alone is not proof of being under the influence.

Personal Use: There is no effort to date to pass legislation permitting personal use of marijuana.

For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.

Update: November 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

Samuel Belcher vs. CSX Transportation inc

  1. Who was negligent

Samuel F. Belcher was paid $2.1 Million.

It wasn’t the company’s job to make a diagnosis. The railroad’s job was to get Samuel Belcher into the hands of doctors who could make a diagnosis.

Update: Nobember 2017

TO PAGETOP