Federal & State Regulations | Drug testing - Delaware | J. J. Keller® Compliance Network

State Info

Summary of differences between federal and state regulations

Employers should not use a positive drug test for marijuana as the sole basis for a negative employment action against an individual with a medical marijuana card.

Other Delaware drug testing laws only apply to drug testing for public employees — school bus drivers and Department of Correction employees who hold positions directly related to public safety and security.

State

Contacts

Delaware Division of Industrial Affairs

Regulations

School bus drivers
Delaware Code Title 21 (Motor Vehicles), Part II, Chapter 27, Subchapter I, § 2708

Department of Corrections employees
Delaware Code Title 29 (State Government), Part VIII, Chapter 89, Subchapter II, §§ 8920 - 8924

Federal

Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.

Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.

Contacts

Drug testing rules

U.S. Department of Transportation

U.S. Department of Labor

Regulations

DOT drug testing rules

49 CFR Part 40

49 CFR Part 382

Drug-Free Workplace Act of 1988

United States Code at 41 U.S.C. 81

29 CFR 1904.36

Guidance document