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. However, if an employer elects to conduct drug and/or alcohol testing, it must follow the requirements set forth in the law. The Employee Drug and Alcohol Testing Act, when implemented, specifically absolves any employer from civil liability who chooses to comply with the provisions (MS Code Sec. 71-7-1 et seq.).
Applicants. Employers may require job applicants to take a drug or alcohol test as a condition of employment and may refuse to hire an individual who will not submit to a test or who receives positive confirmed test results.
Employees. Employees may be required to take a drug or alcohol test under the following circumstances:
An employer may discharge an employee who refuses to take a test or who receives positive confirmed test results. An employee who tests positive must be given a chance to explain the results or challenge their accuracy.
Notification. Applicants must be notified in writing that a ...