Summary of Law(s) and Regulation(s):

The State Code was amended such that all public-works contracts, which are paid in whole or in part through public funds, will include provisions requiring the contractor, its agents, and its employees to implement a mandatory drug-testing program for all employees or agents working on the jobsite in nonclerical positions. Provisions governing mandatory drug testing shall be incorporated into all public-works contracts, and the rules governing the administration of such tests shall be promulgated by the director of the State Office of Management and Budget. Rules promulgated pursuant to the changes in the code shall not require a contractor to disclose any results of drug testing to law enforcement officials. However, the rules promulgated shall require that any contractor, agent, or employee who fails a mandatory drug test not be permitted to work on any public-works jobsites until 30 days after passing the drug test.

Any State Department of Education employee working in the prison education program and whose permanent work assignment location resides within or on the campus of a State Department of Correction Level 5 or Level 4 facility must submit to the same random drug-testing procedure required of State Department of Correction employees.

Home health agency testing
Del. Code Ann. § 1146

Dept. of Corrections testing
Del. Code Ann. §§ 8920-8926