PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.
1) Summary
All types of testing with no restrictions; all testing procedures with no requirements.
2) Workers
Yes
3) Employers Covered by Federal Drug Free Workplace Act
No
4) State Constitution Privacy Provision
No
5) Penalties and Remedies for Employer Non-Compliance
Yes
6) Significant Testing Restrictions
Only under the Workers’ Compensation Premium Reduction Law
7) Disability Coverage
8) Drug and Alcohol Testing Restrictions
9) Worker’s Compensation Disqualification Laws
Yes
10) Unemployment Compensation Disqualification Laws
Yes
11) Alcohol Cut-off Levels
Any detectible level of alcohol found in the breath or saliva specimen of an individual shall be deemed a positive result for the initial and confirmation of blood is positive at 10mg/dl
12) Substances Allowed for Testing
Marijuana, cocaine, opiates, amphetamines, phencyclidine, alcohol and other controlled substances
· Substances Cut-off Levels
Marijuana Metabolites 50, Cocaine Metabolites 300, Opiate Metabolites 300, Phencyclidine 25, Amphetamines 1,000 for the initial screen and Marijuana metabolite 15, Cocaine metabolite 150 , Opiates 300. Phencyclidine 25 and Amphetamine 500
13) Drug Specimen Types
Urine
14) Types of Drug Testing and Restrictions
· Pre Employment
Permitted
· Reasonable Cause
Permitted
· Random
Permitted
· Post Accident
Permitted
· Follow-up Testing
Permitted
15) Restrictions on Types of Workplace Drug Tests
16) Collection Procedures
· Generally
· Observed Collections
Prohibited unless there is reason to believe the original sample has been adulterated
· Split
Specimen
No
17) Drug Testing Falsification Law
No
18) Point-of-Collection Device
· Urine
· Oral Fluids
19) Safety-Sensitive Restriction
Not Specified
20) Laboratory Based Testing
· Laboratory Certifications
SAMHSA or CAP, AACC or approved by State Board of Health
· Oral Fluids
Allowed
· Hair Testing
Allowed
21) Notification of Test Results
Employer must inform employee in writing within 5 days of a positive result from a laboratory as well as the consequences and options available to the employee. Within 10 working days after receiving notice of a positive confirmed test result, the employee may submit information to the employer explaining the test results and why the results do not constitute a violation of the employer's policy. If the employee's explanation of the positive test results is not satisfactory to the employer, a written explanation submitted by the employer as to why the employee's explanation is unsatisfactory, along with the report of the positive results, shall be made part of the employee's medical and personnel records.
22) Rehabilitation Requirements
Such treatment or rehabilitation shall be at a site certified by the Department of Mental Health. Employer must have a statement advising an employee of the employee assistance program, external employee assistance program, or the employer's resource file of employee assistance programs and other persons, entities or organizations designed to assist employees with personal or behavioral problems;
23) Retest Required
Yes
24) Wage Payment Requirements
Employer
25) Disciplinary Action Restriction
26) State CDL DMV Reporting
27) State Medical Marijuana Laws
No
28) Union Agreements
29) Unique to State Issues
30) State Enforcement Agency
31) Web Resources
32) Significant Case Authority
33) Workers Compensation Premium Reduction Statute Citation
· Amount of Premium Reduction
5%
· Written Drug Testing Policy Requirements
1. A general statement about the employer’s policy on substance abuse, notifying employees that the unlawful manufacture, sale, distribution, solicitation, possession with intent to sell or distribute, or use alcohol or other drugs is prohibited in the workplace. 2. A statement advising an employee or job applicant of the existence of this statute. 3. A statement regarding confidentiality. 4. A statement advising employees about employee assistance options. 5. A statement regarding the provisions of the federal Drug-Free Workplace Act, if applicable
· Specifies Testing Circumstances
· Specimen Type and Panels
All; 5 Panel
· Who Pays for Testing Costs
Employer
· Timing of Testing
· Laboratory Requirements Generally
SAMHSA or CAP, AACC or approved by State Board of Health to test for the 5 SAMHSA drugs and alcohol
· Training Requirements
all supervisory personnel a minimum of two (2) hours of training prior to the institution of a drug-free workplace program and each year thereafter which should include, but is not limited to, the following: (a) Recognition of evidence of employee alcohol and other drug abuse; (b) Documentation and corroboration of employee alcohol and other drug abuse; (c) Referral of alcohol and other drug abusing employees to the proper treatment providers; (d) Recognition of the benefits of referring alcohol and other drug abusing employees to treatment programs, in terms of employee health and safety and company savings; and (e) Explanation of any employee health insurance of HMO coverage for alcohol and other drug problems.
· Collection Procedure Required
Specimens shall be collected in a manner reasonably calculated to prevent substitution of specimens and interference with the collection or testing of specimens. (3) Specimen collection shall be documented, and the documentation procedures shall include: (a) Labeling of specimen containers so as to reasonably preclude the likelihood of erroneous identification of test results; and A specimen for a drug and alcohol test may be taken or collected by any of the following persons: (a) A physician, a registered nurse or a licensed practical nurse; (b) A qualified person employed by a laboratory; or (c) Any person deemed qualified by the State Board of Health. (7) A person who collects or takes a specimen for a drug and alcohol test conducted pursuant to this chapter shall collect an amount sufficient for at least two (2) drug and alcohol tests as defined by federal statutes and regulations
· MRO Review Requirements
Required for positive tests
· Positive Result Notification Requirements
Employer must inform employee in writing within 5 days of a positive result from a laboratory as well as the consequences and options available to the employee. Within 10 working days after receiving notice of a positive confirmed test result, the employee may submit information to the employer explaining the test results and why the results do not constitute a violation of the employer's policy. If the employee's explanation of the positive test results is not satisfactory to the employer, a written explanation submitted by the employer as to why the employee's explanation is unsatisfactory, along with the report of the positive results, shall be made part of the employee's medical and personnel records.
· Confidentiality Requirements
All information, written or otherwise, received by an employer through substance-abuse program are confidential communications and may not be used or received in evidence, obtained in discovery, or used in any public or private proceedings.
· EAP Requirements
· SAP Requirements
· Recordkeeping Requirements
· Re-Testing Required
Yes
· Employee Opportunity to Explain
Within ten days of receiving notice of a confirmed positive test, an employee may submit an explanation contesting the result
· Application Submission to State
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This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."
PocketPart40 Editors:
Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP, who is licensed to practice in Alabama and Georgia
Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. maryhines@gmail.com or 214-697-1249
Mississippi Contributors:
