equipment, or vehicles Re-Testing: If a involved in a work-related confirmatory test is accident; or positive, the tested Has violated the individual may • written policy request a employer’s prohibiting use, possession, confirmatory re-test sale, or transfer of drugs or of the original sample alcohol while the employee at his own expense. If is working or while on the the re-test produces a employer's premises or different result that operating the employer's the previous test, the vehicle, machinery, or employer may not equipment. take action against the individual. (5) Treatment Program Testing: If the employer Within three working refers the employee for days after receiving a chemical dependency test result, the evaluation or treatment, the employer must employee may be tested inform the employee without notice during the or job applicant in evaluation or treatment writing of both the period and or up to two test result and the years after completion of right to request and the program. receive a copy of the test result report. If the result is positive on a confirmatory test, the employer must also inform the employee or job applicant of his rights to submit information explaining the positive result and to request a confirmatory re-test at his own expense. Mississippi Employers must Employers may conduct Tested employees Employers may Initial testing or specimen collection Adverse Action: Employers must follow specified employee drug and alcohol should be given a conduct: may take place on-site or offsite, but Employers may pay the costs of guidelines under testing under certain reasonable Urine testing to specimens must be collected by either: temporarily suspend all drug and • Mississippi circumstances, including: opportunity to determine drug use. A physician, registered nurse, or or transfer an alcohol tests they • Drug and Alcohol Pre-employment. identify any drugs Breath or saliva licensed practical nurse; employee to another request or • • Testing of Reasonable suspicion. they take for medical testing for initial A qualified laboratory employee; position after require. • • Employees law in conditions or provide alcohol use. obtaining the results
equipment, or vehicles involved in a work-related accident; or • Has violated the employer’s written policy prohibiting use, possession, sale, or transfer of drugs or alcohol while the employee is working or while on the employer's premises or operating the employer's vehicle, machinery, or equipment. (5) Treatment Program Testing: If the employer refers the employee for chemical dependency evaluation or treatment, the employee may be tested without notice during the evaluation or treatment period and or up to two years after completion of the program. Re-Testing: If a confirmatory test is positive, the tested individual may request a confirmatory re-test of the original sample at his own expense. If the re-test produces a different result that the previous test, the employer may not take action against the individual. Within three working days after receiving a test result, the employer must inform the employee or job applicant in writing of both the test result and the right to request and receive a copy of the test result report. If the result is positive on a confirmatory test, the employer must also inform the employee or job applicant of his rights to submit information explaining the positive result and to request a confirmatory re-test at his own expense. Mississippi Employers must follow specified guidelines under Mississippi Drug and Alcohol Testing of Employees law in Employers may conduct employee drug and alcohol testing under certain circumstances, including: • Pre-employment. • Reasonable suspicion. Tested employees should be given a reasonable opportunity to identify any drugs they take for medical conditions or provide Employers may conduct: • Urine testing to determine drug use. • Breath or saliva testing for initial alcohol use. Initial testing or specimen collection may take place on-site or offsite, but specimens must be collected by either: • A physician, registered nurse, or licensed practical nurse; • A qualified laboratory employee; Adverse Action: Employers may temporarily suspend or transfer an employee to another position after obtaining the results Employers must pay the costs of all drug and alcohol tests they request or require.
50-State-Survey-Drug-Alcohol-Testing-Laws-August-2015.docx