House Bill 1044

AN ACT TO AMEND SECTION 71-3-121, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DRUG AND ALCOHOL TESTING ON AN INJURED EMPLOYEE FOLLOWING ANY ON-THE-JOB ACCIDENT; TO AMEND SECTION 71-7-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 71-3-121, Mississippi Code of 1972, is amended as follows:

71-3-121. The Commissioner of Insurance shall promulgate * * * rules and regulations * * * to require each insurer to establish a safety program for the health and benefit of the employees of the insured employer. The safety program shall include language to explain the rights of workers under the Workers' Compensation Law. The safety program shall require that all insured employers implement a written policy for drug and alcohol testing * * * to ensure that the workplace is a drug and alcohol free environment and to deter the use of drugs and alcohol at the workplace. Following any on-the-job injury, whether or not the employer has cause to believe that the employee was under the influence of alcohol or an illegal drug, the employer may require the employee to submit to a test for the presence of any controlled substances or alcohol in his system.

The results of the employer-administered tests shall be considered admissible evidence solely on the issue of causation in the determination of intoxication of an employee at the time of injury for workers' compensation purposes under Section 71-3-7.

SECTION 2. Section 71-7-5, Mississippi Code of 1972, is amended as follows:

71-7-5. (1) 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.

(2) An employer is authorized to conduct the following types of drug and alcohol tests:

(a) Employers may require job applicants to submit to a drug and alcohol test as a condition of the employment application and may use a refusal to submit to a test or positive confirmed test result as a basis for refusal to hire.

(b) An employer may require all employees to submit to reasonable suspicion drug and alcohol testing. There is created a rebuttable presumption that the employer had reasonable suspicion to test for drugs if the specimen provided by the employee tested positive for drugs in a confirmatory drug test.

(c) An employer may require all employees to submit to neutral selection drug and alcohol testing pursuant to Section 71-7-9.

(d) Following any on-the-job injury, an employer may require any employee involved in the accident to submit to a drug and alcohol test whether or not the employer has cause to believe that the employee was under the influence of alcohol or an illegal drug.

SECTION 3. This act shall take effect and be in force from and after July 1, 2006.