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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 app y 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
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
Guidance document