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Drug testing by employers in Mississippi is governed by these state rules.
Employers are authorized to conduct the following types of drug and alcohol tests:
An employer may require an employee to submit to neutral selection or routine drug and alcohol tests if the employee in the course of employment enters a drug abuse rehabilitation program, and as a follow-up to such rehabilitation, or if previous drug and alcohol testing of the employee within a 12-month period resulted in a positive confirmed test result, or the drug and alcohol test is conducted in accordance with the terms of an applicable collective bargaining agreement or contract that permits the employer to administer drug and alcohol tests on a neutral selection or routine basis.
Within five working days after receipt of a positive confirmed test result report from the testing laboratory, an employer must, in writing, inform an employee of such positive test result and inform the employee in writing of the consequences of such a report and the options available.
An employer may not discharge, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee on the basis of a positive test result that has not been verified by a confirmatory test. An employer may temporarily suspend or transfer an employee to another position after obtaining the results of a positive on-site initial test. An employer may discharge an employee after obtaining the results of a positive confirmed test.
For each policy of workers' compensation insurance issued or renewed in Mississippi, a reduction in the premium for the policy may be granted by the insurer if the insured certifies that it has established and maintains a drug-free workplace program that complies with the requirements.
A drug-free workplace program must contain the following elements:
An employer who conducts job applicant drug and alcohol testing must notify the applicant, in writing, upon application and prior to the collection of the specimen for the drug and alcohol test, that the applicant may be tested for the presence of drugs or their metabolites.
An employer must post notice of its drug testing policy in an appropriate and conspicuous location on the employer's premises.