§ 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.
§ 71-7-1. Definitions
As used in this chapter, the following terms shall have the meaning ascribed to them herein unless the context requires otherwise: “Confirmation test” means a drug and alcohol test on a specimen to substantiate the results of a prior drug and alcohol test on the specimen. The confirmation test must use an alternate method of […]
§ 71-7-3. Election of employer to conduct drug and alcohol testing voluntary; furnishing by employers of written policy statements on drug and alcohol use prior to implementation of testing; dissemination; standard language; notification of job applicants; signing of statements regarding testing policies by applicants or employees; testing of government employees, applicants, and elected officials
For the purposes of this chapter, the election of a public or private employer to conduct drug and alcohol testing is voluntary. If an employer elects voluntarily to follow this chapter, the employer must follow all the terms of this chapter without exception. Any employee who may be required by an employer to submit to […]
§ 71-7-5. Conduct of testing generally; authorized types of tests
Except as otherwise provided in Section 71-7-27, all drug and alcohol testing conducted by employers shall be in conformity with the standards established in this section, other applicable provisions of this chapter, and all applicable regulations promulgated pursuant to this chapter. An employer is authorized to conduct the following types of drug and alcohol tests: […]