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 that chooses to comply with the provisions from civil liability (MS Code Sec. 71-7-1et 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:
• When an employer has a reasonable suspicion of substance abuse, including when there is information that an employee has caused or contributed to an accident while at work
• If an employee is participating in rehabilitation or as a follow-up to rehabilitation
• As part of a routine fitness-for-duty physical examination
• On a “neutral selection” basis
• If the employee has had a positive confirmed test result within the past 12 months
• If the test is conducted in accordance with the terms of an applicable collective bargaining agreement or contract that allows the employer to test on a neutral selection or routine basis
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 ...