House Bill 286

AN ACT TO AMEND SECTION 71-3-121, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE RESULTS OF DRUG AND ALCOHOL TESTS, EMPLOYER-ADMINISTERED OR OTHERWISE, ARE ADMISSIBLE IN THE DETERMINATION OF INTOXICATION OF AN EMPLOYEE FOR WORKERS' COMPENSATION PURPOSES; 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 such rules and regulations as to require each insurer to establish a safety program for the health and benefit of the employees of the insured employer. Such safety program shall include language to explain the rights of workers under the Workers' Compensation Law. Such safety program shall require that all insured employers implement a written policy for drug and alcohol testing in accordance with Section 71-7-1 et seq., Mississippi Code of 1972, in order to ensure that the workplace is a drug and alcohol free environment and to deter the use of drugs and alcohol at the workplace. Under such policy, if the employer has probable cause to suspect that an employee's injury was occasioned primarily by the intoxication of the employee or by the illegal use of any controlled substances that affected the employee to the extent that the employee's normal faculties were impaired, 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 drug and alcohol tests, employer-administered or otherwise, 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. This act shall take effect and be in force from and after July 1, 2010.