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Mississippi - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Mississippi

Instant or POCT Testing

Restrictions

Chain or Custody procedures must be established.

Drug Panels

Restrictions

SAMHSA 5 panel allowed, other drugs allowed if a federal agency has established guidelines for testing for said substance.

Laboratory

Certification required

State or Federal Certification

Medical Review Officer

Required

Required for both positive and negative results

Random Testing

No restrictions

Post-Accident

No restrictions

Reasonable Suspicion

No restrictions

Oral Fluids

Restrictions

Urine required for voluntary law

Hair Testing

No restrictions

Urine required for voluntary law

Unemployment Denial

Yes

Discharge for misconduct, follow Miss. Code 71-7-1 to -33 for drug testing.

Workers Comp Discount

Yes

Mississippi provides for a 5 percent reduction in workers' compensation premiums to employers that establish a drug-free workplace program.

Intoxication Defense

Yes

No compensation shall be payable if the use of drugs illegally, or the use of a valid prescription medication(s) taken contrary to the prescriber's instructions and/or contrary to label warnings, or intoxication due to the use of alcohol of the employee was the proximate cause of the injury, or if it was the willful intention of the employee to injure or kill himself or another.

Medical Marijuana

No

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

Mississippi has a voluntary testing law that regulates alcohol and drug testing of applicants and employees, requires employers that test to have a written policy, and specifies testing procedures. MS Code Sec. 71-7-1 et seq. - CHAPTER 53 DRUG AND ALCOHOL TESTING REGULATIONS