Delaware Code Title 29. State Government § 9020. Drug testing required

(1) Preemployment testing. -- The Department shall test an applicant for employment as a safety, security sensitive, or child care employee for the use of a drug specified in subsection (b) of this section.

(2) Random testing. -- A safety, security sensitive, or child care employee is subject to random testing for illegal use of a drug specified in subsection (b) of this section.

(3) Reasonable suspicion testing. -- The Department may conduct a drug test based on a reasonable suspicion that a safety, security sensitive, or child care employee is impaired by a drug specified in subsection (b) of this section.

(b)(1) An individual employed by, or applicant offered employment with, the Department as a safety, security sensitive, or child care employee shall submit to drug testing required under subsection (a) of this section and regulations adopted by the Department.

(2) The Department may adopt regulations to implement and enforce this section.  The Department shall adopt regulations that require drug testing for the following drugs:

(d)(1) The Department shall adopt policies and procedures for imposing sanctions on a safety, security-sensitive, or child care employee who wilfully refuses to submit to random or reasonable suspicion testing or whose drug test indicates that the employee has illegally used or consumed a drug specified in subsection (b) of this section.

(2) The sanctions imposed under paragraph (d)(1) of this section may include referral to the State's Employee Assistance Program, suspension, or termination.

(3) An employee may not be sanctioned when the employee has used or consumed the drug detected according to the directions and terms of a lawfully obtained prescription for the drug.