In Mississippi, employers can require drug testing as a part of the job application process. However, they must provide the applicant with a written statement regarding this requirement and they must also have a written drug/alcohol testing policy before performing any tests on employees/applicants. When testing existing employees, the employer must have sufficient justification such as reasonable suspicion of drug/alcohol abuse, as a part of unbiased random testing, or in regards to a position of employment which affects public safety. The employer must inform employees of any drug testing procedures and of their rights in participating before performing any tests on them. If an employee tests positive, they have the right to explain or to contest the result.
Can Current Employees Be Tested? Yes.
Is Certified Testing Required? Not specified.
Laws – §71.7
What can be Tested? Urine, breath, saliva, or blood may be taken as samples for employment drug/alcohol testing purposes.
How to Conduct a Legal Drug Test
Step 1 – Before conducting a drug test, the employer must inform the employee of their drug testing policy. Employee authorization may be obtained by having them fill out and return a Drug Test Release Form.
Step 2 – In accordance with Mississippi law, samples taken for employee drug/alcohol testing must be tested in a laboratory. A list of certified drug testing labs can be found on the Substance Abuse and Mental Health Association’s (SAMHSA) website.
Step 3 – When the employer receives the drug test results, they must keep them confidential from the public. If an employee receives a positive test result, they may choose to contest the result.