Delaware Code Title 29 Sec. 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.
Terms Used In Delaware Code Title 29 Sec. 8922
- Applicant: means any person who is seeking employment with the Department for a security sensitive position. See Delaware Code Title 29 Sec. 8921
- Contract: A legal written agreement that becomes binding when signed.
- Employee: means a person with whom the State has an employer-employee relationship. See Delaware Code Title 29 Sec. 8921
- 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. See Delaware Code Title 29 Sec. 8921
- 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. See Delaware Code Title 29 Sec. 8921
- 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. See Delaware Code Title 29 Sec. 8921
- Security sensitive position: means any of the following positions in the Department:
- Statute: A law passed by a legislature.
(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.