16 Del. Admin. Code § 3110-10.0

Current through Register Vol. 28, No. 3, September 1, 2024
Section 3110-10.0 - Further Employer Responsibilities
10.1 An employer must ensure that all persons who perform services for the agency comply with the law.
10.2 The employer shall ensure that every application for employment executes the BCC consent form.
10.3 The employer shall ensure that copies of all BCC consent forms signed by Applicants are maintained in a discrete file which is immediately available, upon request, from any agent of the Department.
10.4 The employer must ensure that no Applicant is employed without first receiving the results of the Applicant's mandatory drug test.
10.5 The employer must maintain an accurate Master List by promptly reflecting the termination of any person no longer working in the agency.
10.6 An employee whose employment is terminated may remain on the Master List to facilitate reemployment by the same or another agency up to 3 years beyond the date the individual was last fingerprinted. See 6.2 above. When that date is reached the employee will automatically be removed from the Master List without further action by the employer.
10.7 An Applicant who is entered into the BCC whose employment status (withdrawn, hired) is not completed by the employer within 30 days will be dropped from the BCC system.
10.8 The employer is prohibited from sharing BCC disclosure information with other person, agency, or facility except when requested because the subject of the BCC disclosure will be working for that employer in a facility or in the personal private residence of the requesting party.
10.9 The employer shall use the BCC disclosures solely for the purpose of determining the suitability of an Applicant for employment.

16 Del. Admin. Code § 3110-10.0

16 DE Reg. 978 (03/01/13)