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The federal Drug-Free Workplace Act, which applies only to federal contractors and grantees, requires adoption of Drug-Free Workplace rules to do business with the government. It neither requires nor prohibits drug testing. States are free to adopt whatever regulations they deem appropriate for public or private employers. Where states have drug testing provisions as part of their Drug Free Workplace Acts, drug testing information is included in this section. Where states have separate drug testing provisions that are not part of a Drug Free Workplace Act, these are covered under the section on “Drug Testing.”
Drug Free Workplace Workers’ Compensation Premium Act
The Drug Free Workplace Workers' Compensation Premium Act provides for a five percent reduction in workers' compensation premiums to employers who establish a drug-free workplace program. In order to qualify for the reduction, employers must have a written policy statement, conduct drug and alcohol testing, maintain a resource list of EAP providers, provide employee education and supervisor training, and maintain confidentiality standards. Employees and job applicants are subject to testing.
Voluntary Drug Testing Law
Mississippi’s Voluntary Drug Testing Law is a voluntary law for public or private employers. It allows for pre-employment, reasonable suspicion, and random testing, testing as part of a fitness-for-duty exam, and during and after rehabilitation. On-site tests may be conducted. Employers choosing to comply with its provisions are protected from civil liability.
Contacts
Mississippi Workers' Compensation Commission
Regulations
Drug Free Workplace Workers’ Compensation Premium Act
Mississippi Code Title 71, Chapter 3, §71-3-201 to 225
Voluntary Drug Testing Law
Mississippi Code Title 71, Chapter 7, §71-7-1 to -31
Contacts
Drug-Free Workplace Act
Drug Testing Rules
U.S. Department of Transportation
Regulations
Drug-Free Workplace Act Of 1988
United States Code at 41 U.S.C. 8101-8106
DOT Drug Testing Rules
49 CFR Part 40
49 CFR Part 382