Order a Drug Test in Mississippi

Pre-Employment Drug Testing in Mississippi

Under an elected Chapter 7 program, an employer may require applicant testing as a condition of the application for employment. The employer must give the applicant written notice upon application and before specimen collection. Refusal to test or a confirmed positive may be a basis for not hiring.

• State whether the employer has elected Mississippi’s Chapter 7 program.
• Give required written applicant notice before specimen collection.
• Apply the written policy consistently to similarly situated applicants.
• Wait for laboratory confirmation before treating an initial result as positive.
• Keep test information confidential.

Employee Testing Reasons Under Chapter 7

Chapter 7 authorizes reasonable-suspicion testing and testing after an employee sustains or asserts a work-related injury. A nongovernment employer may also use a neutral-selection process, subject to the statute and any collective-bargaining agreement or employment contract. Government-employer neutral selection is limited to the positions and circumstances listed in section 71-7-7.

• Document the facts supporting reasonable suspicion.
• Use an impartial process for neutral-selection testing.
• Confirm that fitness-for-duty testing is established and routine for the group.
• Match rehabilitation and follow-up testing to the statute or an agreement.

Select the panel and enter the donor information first. After the case is created, checkout searches available collection sites using the Mississippi city, ZIP code, or area entered for the donor.

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Election, Written Policy and Notice

A private employer elects Chapter 7 by placing the statutory election statement in its written testing policy and applicant notification. Once elected, the employer must comply with every term of the chapter.

The employer must give employees a written policy at least 30 days before implementation and post notice or make copies available. The policy must cover testing grounds and circumstances, substances, refusal consequences, action after confirmed positives, confidentiality, medication disclosure, contest rights, and other listed subjects.

Current code text: Mississippi Code § 71-7-3 and § 71-7-27

Applicant, Suspicion and Injury Testing

Chapter 7 permits applicant testing as a condition of the application for employment. It also permits testing when the employer has reasonable suspicion and after an employee sustains or asserts a work-related injury.

Applicant notice must be given in writing upon application and before specimen collection. Testing requests should match the written policy and be handled consistently.

Current code text: Mississippi Code § 71-7-5

Neutral Selection, Fitness for Duty and Follow-Up

A nongovernment employer may use neutral-selection testing, subject to Chapter 7 and any collective-bargaining agreement or employment contract. Government-employer neutral selection is limited to the roles and functions listed in section 71-7-7.

Testing may also be part of an established routine fitness-for-duty examination or a qualifying rehabilitation or follow-up program.

Current code text: Mississippi Code § 71-7-7

Collection and Work-Time Safeguards

Collection must be reasonable and sanitary, protect dignity, deter substitution, and preserve chain of custody. An employee must have an opportunity to provide relevant information, including current or recent medications.

Current-employee collection generally must occur during or immediately after the employee’s regular work period and is treated as work time for compensation and benefits.

Current code text: Mississippi Code § 71-7-9

Laboratory Confirmation and MRO Review

A laboratory must perform confirmation testing, and an employer may not take adverse action based on an unconfirmed initial positive. The employer must contract with a laboratory for confirmations.

The state regulations require every employer operating under the program to use a Medical Review Officer to review results. They also specify urine for initial and confirmation drug tests and require scientifically accepted methods and cutoffs.

Sources: Mississippi Code § 71-7-9, § 71-7-11, and MSDH Drug and Alcohol Testing Regulations

Notice, Retest, Cost and Confidentiality

After a confirmed positive, the employer must provide the employee written notice of the result and available options within five working days. The employee may submit an explanation within ten working days and may have the preserved specimen portion retested at a chosen laboratory.

The employer pays for required tests; the employee pays for an additional requested test. Testing information is confidential and may be disclosed only as permitted. A confirmed positive may support action under the policy after required procedures are completed.

Current code text: Mississippi Code § 71-7-9, § 71-7-13, and § 71-7-15

No Required Workplace Accommodation

The Mississippi Medical Cannabis Act does not require an employer to permit or accommodate medical-cannabis use or to modify any job or working conditions. The Act also does not create a private employment claim against an employer based on actions authorized by its employer provisions.

Current code text: Mississippi Code § 41-137-13

Testing Policies Remain Permitted

The Act does not prohibit or limit an employer from establishing or enforcing a drug-testing policy. Mississippi’s drug-testing regulations list marijuana among the substances that may be included in a program that follows the state framework.

Sources: Mississippi Code § 41-137-13 and MSDH Drug and Alcohol Testing Regulations

Employer Action Does Not Require Impairment

Section 41-137-13 does not prohibit an employer from refusing to hire, discharging, disciplining, or otherwise taking adverse action because of an individual’s medical-cannabis use, regardless of whether the individual was impaired at work.

Employers should nevertheless follow the policy, confirmation, review, notice, confidentiality, disability-law, and contractual requirements that apply to the particular program and decision.

Current code text: Mississippi Code § 41-137-13

Federal Rules and Benefits Are Preserved

The Act does not interfere with federal restrictions on employment or testing, including DOT requirements, or require conduct that would jeopardize a monetary or licensing-related federal benefit. Covered safety-sensitive workers remain subject to the controlling federal rules.

Sources: Mississippi Code § 41-137-13 and U.S. DOT — 49 CFR Part 40

DOT Rules Are Separate from Non-DOT Testing

A personal or employer non-DOT drug test should not be substituted for a test that is required under DOT regulations. DOT programs have specific requirements for test reasons, forms, collection procedures, laboratories, Medical Review Officers, refusals, records, and return-to-duty processes.

Federal source: U.S. Department of Transportation — 49 CFR Part 40

Examples of DOT-Regulated Industries

• Commercial motor carriers regulated by FMCSA.
• Aviation employers regulated by FAA.
• Railroad employers regulated by FRA.
• Public transit employers regulated by FTA.
• Pipeline operators regulated by PHMSA.
• Other covered transportation operations under federal rules.