Delaware Code Title 29. State Government § 8921. Definitions

(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:

(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  1 impaired by an illegal drug.

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