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Summary of differences between federal and state regulations
Voluntary Drug Testing Law
Mississippi has a voluntary drug testing 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 testing during and after rehabilitation. On-site tests may be conducted. Employers choosing to comply with its provisions are protected from civil liability.
Under the state’s voluntary law, specific procedures must be followed. A specimen may only be collected by a physician, registered nurse, licensed practical nurse, qualified laboratory employee, or person deemed qualified by the State Board of Health. Collection shall be performed under reasonable and sanitary conditions, and individual dignity must be preserved.
Documentation procedures must be followed. An employer must provide a notice to employees. The notice must include wording from the state statute, found at Rule 53.9.1.
The sample must be collected, stored, and transported to the testing site in a way that reasonably deters contamination or adulteration of the specimen. Testing must conform to scientifically accepted analytical methods and procedures. Confirmation tests must be conducted by a laboratory.
Drug test cheating law
Mississippi law prohibits cheating on a drug test. It is against the law to intend to defraud a drug or alcohol test or cause deceitful test results.
It is illegal to:
- Sell, give away, distribute, manufacture, or market human or synthetic urine or bring it into the state with the intent of using it to defraud a drug or alcohol test;
- Attempt to defeat or interfere with the results of a drug or alcohol test by substituting synthetic urine or spiking a urine sample;
- Possess adulterants with the intent to use the substance to adulterate a human urine sample or other human bodily fluid sample with the intent to defraud a drug or alcohol test;
- Sell or market an adulterant that is intended to be used to adulterate a human urine sample or other bodily fluid sample for the purpose of defrauding a drug or alcohol test.
An “adulterant” is defined as “a substance that is not expected to be in human urine or another human bodily fluid or a substance expected to be present in human urine or another human bodily fluid but that is at a concentration so high that it is not consistent with human urine or another human bodily fluid.” This includes bleach, chromium, creatinine, detergent, iodine, nitrate, and sodium nitrate.
There is a rebuttable presumption of intent to defraud a drug or alcohol test if:
- A heating element or other device used to thwart a drug screening test accompanies the sale, giving away, distribution, manufacture, or marketing of human or synthetic urine; or
- Instructions describing a method to thwart a drug test accompany the sale, giving away, distribution, manufacture, or marketing of human or synthetic urine.
Violation of the law could bring a fine, prison sentence, or both.
Unemployment compensation
Mississippi’s unemployment compensation law provides that discharge for drug use constitutes willful misconduct and disqualifies an employee from receiving unemployment compensation.
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.
Workers’ compensation
State workers’ compensation law also provides that no compensation will be awarded if the employee's intoxication is the proximate cause of the injury.
State
ContactsMississippi Workers' Compensation Commission
Regulations
Voluntary Drug Testing Law
Mississippi Code Title 71, Chapter 7, §71-7-1 to -31
Unemployment compensation
Mississippi Code Title 71, Chapter 7, §71-7-13(3)
Workers’ compensation
Mississippi Code Title71, Chapter 3, §71-3-201 to 225
and Mississippi Code Title 71, Chapter 3, §71-3-7
Federal
Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.
Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Contacts
Drug testing rules
U.S. Department of Transportation
Regulations
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Drug-Free Workplace Act of 1988
United States Code at 41 U.S.C. 81
Guidance document