§ 71-7-21. Promulgation of rules by State Board of Health
The State Board of Health shall adopt rules concerning: Standards for drug and alcohol testing laboratory certification, suspension and revocation of certification; Body specimens that are appropriate for drug and alcohol testing; Methods of analysis and procedures to ensure reliable drug and alcohol testing results, including standards for initial tests and confirmatory tests; Guidelines on […]
§ 71-7-23. Civil actions for damages and injunctive relief for violations of chapter authorized; award of attorney fees
A person alleging a violation of this chapter may bring an action for injunction relief or damages, or both. For the purposes of this chapter, damages shall be limited to the recovery of compensatory damages directly resulting from injury or loss caused by each violation of this chapter. A person or collective bargaining agent may […]
§ 71-7-25. Limitation period for civil actions for violations of chapter; relief available; effect of compliance with chapter by employer; presumption as to validity of test results; actions for defamation, etc.
Upon an alleged violation of the provisions of this chapter, a person must institute a civil action in a court of competent jurisdiction within one (1) year of the alleged violation or the exhaustion of any internal administrative remedies available to the person, or be barred from obtaining the relief provided for in subsection (2) […]
§ 71-7-27. Procedure for and effect of election to conduct testing policy or program; procedure for rescission of election; effect of failure to make election or rescission of election
A private employer may affirmatively elect to conduct an employee drug and alcohol testing policy or program pursuant to the provisions of this chapter. Such election shall be made by including in the written statement of the employer’s policy on drug use provided for in Section 71-7-3(1), and in the job applicant notification provided for […]
§ 71-7-29. Application of chapter to employers subject to federal testing laws
This chapter shall not apply to any employer who is subject to federal law or federal regulations governing the administering of drug and alcohol tests to any of its employees or applicants for employment.
§ 71-7-31. Private employer establishing testing program not deemed agent or instrument of the state
A private employer shall not, by virtue of establishing or implementing a program for drug and alcohol testing in accordance with this chapter or otherwise, be deemed to be an agent or instrument of the State of Mississippi or any body, department, agency, institution or political subdivision thereof.
§ 71-7-33. Requirement of abstention from use of tobacco products during nonworking hours as condition of employment prohibited
It shall be unlawful for any public or private employer to require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products during nonworking hours, provided that the individual complies with applicable laws or policies regulating smoking on the premises of the employer during working hours.
§ 71-7-9. Collection, storage and transportation of specimens; time of testing; rights of employees upon receipt of positive results; discharge, discipline, etc., of employees generally; payment of costs of testing
The collection of specimens shall be performed under reasonable and sanitary conditions. Individual dignity shall be preserved to the extent practicable. Specimens shall be collected in a manner reasonably calculated to prevent substitution of specimens and interference with the collection or testing of specimens. Specimen collection shall be documented, and the documentation procedures shall include: […]
§ 71-7-11. Conduct of confirmation tests
Only laboratories shall conduct confirmation drug and alcohol tests. All confirmation tests shall use an alternate method of equal or greater sensitivity than that used on the initial drug and alcohol test. If an initial drug and alcohol test is negative, there shall be no confirmation drug and alcohol test.
§ 71-7-13. Designation of employee or applicant as handicapped due to test result; discharge, discipline, etc., of employee on basis of test result or refusal to submit; construction and application of chapter generally
An employee or job applicant whose drug and alcohol test result is confirmed as positive in accordance with the provisions of this chapter shall not, by virtue of the result alone, be defined as a person with a “handicap.” An employer who discharges or disciplines an employee on the basis of a positive confirmed drug […]