1. (a) The Department is authorized and required to conduct drug testing as set forth in this section of any employee or prospective employee accepting a safety, security-sensitive, or child care position, as determined by policy and regulations adopted by the Department. The following apply to drug testing by the Department:

   1. (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.

   1. (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.

   1. (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.

2. (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.

   1. (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:

      1. a. Marijuana or cannabis.
      2. b. Cocaine.
      3. c. Opiates.
      4. d. Phencyclidine (“PCP”).
      5. e. Amphetamines.
      6. f. Any other controlled substances or controlled prescription drugs specified by the Department in the regulations adopted under this section.
3. (c) Conditional hire. —

Notwithstanding paragraph (a)(1) of this section, the Department may hire an applicant on a conditional basis before receiving the results of the drug test required under paragraph (a)(1) of this section if the Department receives evidence confirming the applicant submitted to the required drug test. The final employment of an applicant conditionally hired under this subsection is contingent on the Department’s receipt of satisfactory results of the required drug test.

1. (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.

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

77 Del. Laws, c. 270, § 1; 70 Del. Laws, c. 186, § 1; 83 Del. Laws, c. 278, § 1