9 Del. Admin. Code § 501-10.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 501-10.0 - Post Testing Procedures10.1 If the lab results are negative, the sample shall be destroyed.10.2 If the lab results are positive, the report will be forwarded to Human Resources by the MRO.10.3 The Human Resource Office will then notify the appropriate Division Director or designee. They will, in turn, notify the employee and immediately remove him/her from the workplace without pay.10.4 The employee is then directed to participate in an accredited drug abuse assistance or rehabilitation program. Refusal to do so may result in dismissal. All benefit covered employees will be referred to the State's EAP program for assistance in enrollment.10.5 Once the employee makes contact with an accredited drug abuse assistance or rehabilitation program, and provides documentation of same, the employee will be allowed to use accrued leave, rescheduled holidays or compensatory time previously earned.10.6 Before being allowed to return to duty, the employee must:10.6.1 Provide documentation to Human Resources showing that the drug abuse assistance or rehabilitation program was successfully completed and the employee has been released to return to work. "Successful completion" means the employee has achieved a drug-free state as determined by the program counselor, and10.6.2 The employee will then be required to pass a "return to duty" drug test paid for by the DSCYF before being cleared to return to work. 10.7 Any employee who tests positive on a drug test for a second time within five (5) years from the date of program completion will be terminated without the option to participate in a treatment program.]9 Del. Admin. Code § 501-10.0
15 DE Reg. 1047 (01/01/12)