AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATED TO CRIMINAL BACKGROUND CHECKS FOR DEPARTMENT OF LABOR EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS WITH ACCESS TO CONFIDENTIAL OR SENSITIVE INFORMATION.

Stricter background checks for Delaware labor workers

Delaware’s Department of Labor requires criminal background checks for covered employees, contractors, subcontractors, and volunteers. Coverage includes federal tax information access, Unemployment Insurance and Paid Leave staff, Department technology staff, Industrial Affairs roles accessing the Workers’ Compensation Second Injury Fund, and vocational rehabilitation counselors. Applicants for listed roles, including promotions or transfers, submit after their first interview. Covered current workers and service providers without a completed check must get one. Federal tax information access requires repeat checks at least every five years, or sooner for federal compliance. Employees serving in listed roles on the law’s effective date must submit fingerprints and needed information. The State Bureau of Identification sends state and federal check results to the Department, followed by later state criminal-history updates. Rap Back system updates are sent when available. The Department can set disqualifying convictions and decide access to employment, sensitive information, Department funds, and one-on-one contact with vulnerable people. This framework replaces the former unemployment-insurance chapter’s background-check rules.