Mississippi Drug Testing Laws and Regulations

State:	Mississippi

Statute of Order:	Miss. Stat. §71-7-1 et seq.

Covered Employers:	Public and private employers.

Applicant Testing:	Applicant testing not subject to restriction.

Employee Testing:	Employee testing authorized on reasonable suspicion of substance abuse, in connection with rehabilitation or treatment, as part of routine physical exam, or if collective bargaining agreement authorizes random testing. Discharge authorized if employee tests positive or refuses test.

Conditions & Methods:	Advance written notice of test, documentation showing chain of custody, and opportunity for employee to explain positive findings. Confidentiality of test results.

Important Bulletpoints:	An employee or job applicant required to undergo drug or alcohol testing must be made aware of the employer’s drug testing policy and may be requested to sign a statement that the policy has been read and understood by the employee. Refusal to sign the statement does not prohibit the employer from taking appropriate action nor does it invalidate the results of any tests conducted. Mississippi employers are not to be held liable for any cause of action arising from the drug or alcohol testing program that is compliant with the provisions of the law or an employer’s failure to establish such a testing program. Employees of the Department of Corrections are required to undergo mandatory drug testing. Random testing is permitted in this case. The Drug Free Workplace Workers’ Compensation Premium Reduction Act provides compliant employers with a certification for a 5% discount on workers’ compensation premium for a drug free workplace policy that is in accordance with the Act. The policy must include an employee assistance program or an accessible resource of employee assistance providers and an annual 1-hour employee education with an additional 2-hour training for supervisors.

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Mississippi Drug Testing Laws and Regulations

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