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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2014

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In accordance and compliance with the procedures set forth at 29 Del.C. §§1131, et seq. and 29 Del.C. §§10101, et seq., the Director of the Office of Management and Budget is proposing to adopt the following Regulation:
Regulations for the Drug Testing of Contractor and Subcontractor Employees Working on Large Public Works Projects (hereafter the “Drug Testing Regulation”). Members of the public may receive a copy of the proposed regulation at no charge by United States Mail by writing Mr. Robert Scoglietti at the following address:
29 Del.C. §§ 6903; 6905; 6908 (a)(6); 6961; 6962; 6964.
The Office of Management and Budget (“Office”), has developed these regulations that require Contractors and Subcontractors to implement a program of mandatory drug testing for Employees who work on Large Public Works Contracts funded all or in part with public funds pursuant to 29 Del.C. §6908(a)(6). The regulations establish the mechanism, standards and requirements of a Mandatory Drug Testing Program that will be incorporated by reference into all Large Public Works Contracts awarded pursuant to 29 Del.C. §6962.
Contractor means an entity such as, but not limited to, an individual, firm, partnership or corporation that has a contractual obligation to perform work for contracts awarded pursuant to 29 Del.C. §6962.
Drug Testing Firm is an entity engaged in the business of providing drug testing services for businesses, individuals, governments or any entity that requires drug testing of Employees, applicants, licensees, etc., in compliance with these requirements.
Employeemeans an individual employed by a Contractor or Subcontractor who works on the Jobsite of a Large Public Works Contract but does not fulfill a clerical or administrative function. For the purpose of this definition, clerical or administrative functions shall refer to job responsibilities that do not generally require an employee to work outside of the Contractor’s Jobsite office, home office or other employer-provided office. For the purposes of this regulation, the term “Employee” shall also include supervisors and foremen working on the Jobsite. The term “Employee” shall also include delivery personnel employed by a Contractor or Subcontractor working on or delivering materials and equipment to and from a Jobsite.
Jobsite” means the site or area directly or indirectly owned, operated or controlled by the Owner in which the Contractor or Subcontractor performs work or delivers services to the Owner. For the purpose of this definition, “Jobsite” does not mean a remote work site not under the direct or indirect control of the Owner in which work is performed to fulfill the Contractor’s or Subcontractor’s obligations.
Large Public Works Contractmeans a contract for a public works construction awarded pursuant to 29 Del.C. §6962.
Mandatory Drug Testing Program means a defined set of basic procedures, requirements and rules that must be used by a Contractor or Subcontractor to test Employees for drugs in compliance with these requirements.
Owner is the state agency, school district or entity that awards a Large Public Works Contract to a Contractor pursuant to 29 Del.C. §6962.
Positive Test Result” and “Fail a Drug Testmeans the result reported by a Health and Human Services certified laboratory when a specimen contains a drug or drug metabolite equal to or greater than the cutoff concentration.
Random Drug Testingmeans that an Employee is chosen at random for testing without advance notice, from a pool of Employees working on the Jobsite. Specific requirements for random drug testing conducted under these regulations are described in Section 5.0.
Subcontractor means an entity such as, but not limited to, an individual, firm, partnership or corporation that has a contractual obligation to perform work for, or supply services to a Contractor as defined in section 2.1.
Testing Certification Formsmeans a form supplied by the Owner and completed by the Contractor and Subcontractor certifying their Employees are subject to drug testing procedures in accordance with this regulation.
Testing Result Formsmeans a form summarizing drug testing completed monthly by the Contractor and Subcontractor and submitted to the Owner by the Contractor in accordance with requirements contained in the bid solicitation.
7.1.1 All requests for proposals for Large Public Works Contracts awarded pursuant to 29 Del.C. §6962 shall incorporate these regulations by reference. All bids received in response to Large Public Works Contract requests for proposal without inclusion of a Mandatory Drug Testing Program shall be deemed non-responsive.
Last Updated: December 31 1969 19:00:00.
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