Workplace State Law · Delaware

Delaware Workplace Saliva (Oral Fluid) Drug Testing Law

How Delaware treats oral fluid (saliva) drug testing in the workplace — the statute, its current status, and what that means for employers building or updating a testing program.

Status: Restricted

Statute and status in Delaware

Statute / authority: Del. Code tit. 19 § 711 (voluntary, extensive requirements)

Delaware's voluntary DFWP law has extensive requirements beyond standard workplace testing. Specimen specified as tissue, hair, or products of the human body.

Reviewed Apr 2026. Always verify state law before deployment. This page summarizes OraTek's research and is not legal advice.

What this means for employers in Delaware

Delaware restricts workplace drug testing — the specimen, when testing is allowed, or how results may be used. Review the statute and, where required, take counsel before running a program here; saliva testing may still be available in specific circumstances such as post-accident or reasonable suspicion.

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