§ 71-3-201. Title
Sections 71-3-201 through 71-3-225 shall be known and may be cited as the “Drug-Free Workplace Workers’ Compensation Premium Reduction Act.”
§ 71-3-203. Legislative Intent
It is the intent of the Legislature to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays and tragedies associated with work-related accidents resulting from […]
§ 71-3-205. Definitions
The following words and terms in Sections 71-3-201 through 71-3-225 shall have meanings as follows: “Employee” means any person who works for salary, wages or other remuneration for an employer. “Employer” means a person or entity that is subject to the Mississippi Workers’ Compensation Law as found in Section 71-3-1 et seq., Mississippi Code of […]
§ 71-3-207. Implementation of drug-free workplace program; qualification of employer of premium reduction
If an employer implements a drug-free workplace program substantially in accordance with Sections 71-3-201 through 71-3-225, the employer shall qualify for certification for a five percent (5%) premium discount if offered under the employer’s workers’ compensation insurance policy. For each policy of workers’ compensation insurance issued or renewed in the state on or after July […]
§ 71-3-209. Elements of drug-free workplace program
A drug-free workplace program must contain the following elements: Written policy statement as provided in Section 71-3-211; Comply with the substance abuse testing procedures as provided in Sections 71-7-1 through 71-7-33, Mississippi Code of 1972, if testing is initiated by the employer; Resources of employee assistance providers or other rehabilitation resources, maintained in accordance with […]
§ 71-3-211. Employer’s written policy statement on substance abuse
A drug-free workplace must provide a written policy statement on substance abuse in order to qualify for the provisions of Section 71-3-207. All employees must be given a written policy statement from the employer that contains: A general statement of the employer’s policy on substance abuse notifying employees that the unlawful manufacture, sale, distribution, solicitation, […]
§ 71-3-213. Qualification as private sector drug-free workplace
In order for an employer’s workplace to qualify as a private sector drug-free workplace and to qualify for the provisions of Section 71-3-207, the following must be met: If an employer has an employee assistance program, the employer must inform the employee of the benefits and services of the employee assistance program. An employer shall […]
§ 71-3-215. Education program on alcohol and drug abuse
An employer must provide all employees with an education program on alcohol and other drug abuse prior to instituting a private sector drug-free workplace program under Sections 71-3-201 through 71-3-225. Also, an employer must provide all employees with an annual education program on alcohol and other drug abuse, in general, and its effects on the […]
§ 71-3-217. Training of supervisory personnel
In order to qualify as a private sector drug-free workplace and to qualify for the provisions of Section 71-3-207, and in addition to the educational program provided in Section 71-3-215, an employer must provide all supervisory personnel a minimum of two (2) hours of training prior to the institution of a drug-free workplace program under […]
§ 71-3-219. Confidentiality of results of substance abuse program
All information, interview, reports, statements, memoranda and test results, written or otherwise, received by the employer through a substance abuse program are confidential communications as they pertain to the employee only and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceedings, except as provided in […]
§ 71-3-221. Failure of employer to establish substance abuse program
No cause of action shall arise in favor of any person against an employer based upon the failure of an employer to establish a substance abuse program in accordance with Sections 71-3-201 through 71-3-225.
§ 71-3-223. Relation to other laws
Nothing in Sections 71-3-201 through 71-3-225 shall be construed to operate retroactively, and nothing in Sections 71-3-201 through 71-3-225 shall abrogate the right of an employer under state law to conduct substance abuse tests, or implement employee substance abuse testing programs. Only those programs that meet the criteria outlined in Sections 71-3-201 through 71-3-225 qualify […]
§ 71-3-225. Severability
If any provision of Sections 71-3-201 through 71-3-225 or application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of Sections 71-3-201 through 71-3-225 that can be given effect without the invalid provision or application, and to this end the provisions of Sections 71-3-201 through 71-3-225 […]