10 Things to Know About Workplace Drug Testing State Laws and Regulations in Mississippi

1. Mississippi

Mississippi is a Voluntary State. Employers seeking financial benefits under the State Law will pursue the state Law while others will follow the common Law.

2. Insurance premium discount

Employers pursuing the State Law shall be entitled to a 5% discount on ‘workers’ compensation insurance’ premium. The eligibility conditions are laid down by the state and the insurance carrier provides the discount, subject to compliance with those conditions. Employers who are self employed are also entitled to this credit.

3. Policy

A written policy should be issued to every applicant/employee. The minimum content of the policy should be:

a) A statement on the existence of the state law on drug testing

b) The grounds for testing with the following mandatory statement:
“The unlawful manufacture, sale, solicitation, distribution, possession with intent to sell, or distribute, or use of alcohol with other drugs is prohibited in the person’s workplace. “

c) A general statement outlining aspects of confidentiality.

4. Medication disclosure form

An employee/prospective employee to be tested shall be provided with a ‘medication disclosure form’ to enable him disclose non prescription or prescription medications taken during the preceding 45 days and potentially capable of producing a positive result. The form shall be submitted directly to the laboratory and no person other the laboratory shall have access to the form and its contents.

5. Costs

All costs are to the account of the employer except in cases where employee requests retest and/or treatment.

6. Scope of Tests

Ten drugs have been identified under the scope of tests. These are: Cocaine, Marijuana Amphetamine, methaqualone, methadone, PCP, Opiates, barbiturates, propoxyphene, benzodiazepines, or the metabolites of any of these.

7. Where to conduct the tests?

Every testing should conform to Federal Rules. However, employers not opting for state benefits can use on-site or instant kits.

8. For Whom?

The required tests can be performed for Job Applicants, on grounds of reasonable suspicion that an employee has contributed or caused an accident at work due to substance abuse. Tests can be prescribed as part of a routine for ‘fitness for duty; program.

9. Procedure for tests

Test method considered appropriate is Urine – for drugs, breath/saliva for initial alcohol tests and blood for confirming initial alcohol tests. The drug testing facilities must have certification from SAMHSA, CLIA or accreditation from CAP. The person tested will be given opportunity of recording relevant information. Information so recorded shall be factored in for sample analysis. Authority to receive and/or interpret test results lie exclusively with an MRO or a licensed physician.

10. State Peculiarities

A minimum of one hour education should be provided to all employees covering disease model in respect of addiction to drugs and alcohol, dangers and effects of commonly occurring substance abuse at work place and Company’s policies on substance abuse at work place and treatment options available to employees. Supervisors shall be provided a minimum of 2 hours education annually, covering recognition of substance abuse by employees, documenting substance abuse signs, referring employees to treatment providers, and explaining to employees HMO/insurance coverage in such circumstances.