16 Del. C. § 1191: Mandatory drug screening.

(a) An employer may not employ any applicant without first obtaining the results of that applicant’s mandatory drug screening.

(b) All applicants must submit to mandatory drug screening, as specified by regulations promulgated by the Department.

(c) The Department shall promulgate regulations regarding the pre-employment screening of all applicants for use of all of the following illegal drugs:

(1) Marijuana/cannabis.

(2) Cocaine.

(3) Opiates.

(4) Phencyclidine (“PCP”).

(5) Amphetamines.

(6) Any other illegal drug specified by the Department, under regulations promulgated under this section.

(d) The employer must provide confirmation of the drug screen in the manner prescribed by the Department’s regulations.

(e) Any employer who fails to comply with the requirements of this section is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.