Workplace Drug Testing Issues – Mississippi State Laws
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
|Drug Testing Issue||Status||Comments|
|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|
|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.|
|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