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Mississippi - STATE LAWS

Workplace drug testing issues – State Laws – Mississippi

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Voluntary law requires a policy and provides for a workers comp discount - CHAPTER 53 DRUG AND ALCOHOL TESTING REGULATIONS

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

Mississippi Code for Drug Testing - MS Code § 71-7-1

Workers Comp Discount - §71-3-207

Intoxication Defense – Denial of Workers Compensation Claim - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Name Mississippi