on November 10, 2023

By Amanda Jones, Staff Writer and Editor

The Top 5 Things to Know About Drug Testing in DELAWARE

 

This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.

Known as the first state, Delaware is a tiny but mighty force of industry. Those who are looking for an ideal spot for their business may want to give Delaware a try as it’s one of only five states without sales tax[1]. They also do not impose a value-added tax (VAT), making it an appealing place for businesses (including more than 68% of Fortune 500 companies[2]). Delaware certainly provides incentives for bringing your business to their state. But do they provide the right tools to make your business safe from drugs and substance use?

Following are five things you need to know about what Delaware is doing in drug testing to keep their employees and businesses safe.

  1. Drug Testing Law Type: Delaware is a drug testing friendly state with few requirements or restrictions except in certain industries.
  2. Random Testing: Most industries do not have a statute in place requiring random testing. However, all safety-sensitive, security, and childcare employees are subject to random testing for illegal use of drugs.[3]
  3. Workers’/Unemployment Compensation Denial: There exists a voluntary law in Delaware that is a workplace safety regulation – it contains drug and alcohol testing requirements that employers must comply with if they want to receive up to a 19% discount on their workers’ compensation insurance premiums, in addition to many other requirements outside of workplace drug and alcohol testing that employers must comply with in order to receive the discount. It is best to consult the law in full for all the details. Employers must apply for the Workplace Safety Program annually. Additionally, if any employee is injured as a result of his/her own intoxication, s/he will not be entitled to damages or to compensation under the compensatory provisions of the law. The burden of proof under this subsection will be on the employer.[4]
  4. Marijuana Laws: Medical marijuana usage is legal in Delaware and employers are not allowed to penalize workers for their use of the drug, however, employers are not required to accommodate the use of medical marijuana at work and do not have to allow employees to use it while at work.[5] As of April 2023, recreational cannabis is permitted for individuals aged 21 and older. Penalties are still in place for those under 21.[6]
  5. How to Test: Testing can include (or may be limited to) urine testing. [7] It is unlawful to possess, distribute, deliver, or sell a drug masking product or synthetic urine. Drug masking product means a substance designed to be added to human urine or hair for the purposes of defrauding an alcohol or urine drug test. [8]

 

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[1] https://www.cnbc.com/select/states-with-no-sales-tax/

[2] https://www.incfile.com/blog/post/how-delaware-thrives-business-tax-haven

[3] https://legis.delaware.gov/SessionLaws/Chapter?id=17400

[4] https://delcode.delaware.gov/title19/c023/sc03/index.html

[5] https://delcode.delaware.gov/title16/c049a/index.html

[6] https://legiscan.com/DE/text/HB2/id/2762777

[7] https://regulations.delaware.gov/register/february2020/final/23%20DE%20Reg%20676%2002-01-20.htm

[8] https://delcode.delaware.gov/title16/c047/sc04/index.html