Mississippi Drug-Free Workplace Program – Workers’ Comp Insurance Discount

Introduction

Mississippi employers can earn a 5% workers’ compensation premium credit by implementing a Drug-Free Workplace Program that complies with Miss. Code Ann. §§ 71-3-201 through 225 (Premium Reduction Act), the employee testing requirements in Chapter 71-7, and the Mississippi State Department of Health regulations in Title 15, Part III, Chapter 53. Together, these laws and rules require more than just a written policy, they set standards for employee education, supervisor training, permitted testing triggers, specimen handling, laboratory certification, confirmation testing, and mandatory MRO review. Following all three ensures your program is valid, defensible, and fully eligible for the premium credit.

Below you’ll find a complete overview of program benefits, statutory requirements, testing rules, and the application process.

Benefits of Mississippi’s Drug-Free Workplace Program

5% Workers’ Comp Premium Credit - Qualify for a 5% reduction in workers’ compensation insurance premiums by self-certifying a compliant program each year.
Lower Claims and Costs - Reduce workplace injuries, accidents, and substance-related incidents, which helps control claim frequency and insurance experience mods.
Clear Legal Framework - Mississippi law (Miss. Code Ann. §§ 71-3-201–225 & Ch. 71-7) and MSDH regulations provide a well-defined structure for policy, testing, confidentiality, and employee rights.
Defensible Employment Actions - Proper confirmation testing, MRO review, and documentation help support disciplinary decisions and claims defenses.
Improved Workplace Culture - Demonstrates a commitment to safety, productivity, and employee well-being.
Comprehensive Program Requirements - Includes employee education, supervisor training, EAP resources, and strict confidentiality standards to promote fairness and compliance.

Program Requirements in Mississippi (At a Glance)

Here’s a quick comparison chart based on Mississippi Code Ann. §§ 71-3-201 through 71-3-225 (Drug-Free Workplace Workers’ Compensation Premium Reduction Act), Chapter 71-7 (Employee Drug & Alcohol Testing Law), and the Mississippi State Department of Health’s Title 15, Part III, Chapter 53 regulations, with guidance from Mississippi workers’ compensation insurers’ premium credit programs.

Category	Mississippi Requirements
Program / Premium Credit	5% workers’ comp premium credit available upon annual self-certification with insurer (§ 71-3-207).
Statutory Authority	Miss. Code Ann. §§ 71-3-201 – 225 (Premium Reduction Act), Miss. Code Ann. Ch. 71-7 (Employee Drug & Alcohol Testing Law), and MSDH Title 15, Part III, Ch. 53 (Testing Regulations).
Certification & Credit	Employer self-certifies directly to insurer using MWCC or carrier-provided forms; annual recertification required.
Employer Eligibility	Any employer with workers’ comp coverage may implement a drug-free workplace program and qualify for the 5% credit by self-certifying annually (§ 71-3-207).
Written Policy & Posting	Required by § 71-3-211; must include prohibited conduct, testing triggers, confidentiality statement, EAP info, and employee rights. Policy must be distributed and posted. Employees must be notified before testing begins (Ch. 71-7).
Employee Education	Minimum 1 hour before program launch and annually thereafter; covers substance abuse dangers, policy, and available assistance (§ 71-3-215).
Supervisor Training	Minimum 2 hours before program launch and annually; covers recognizing impairment, documentation, and referral to testing/EAP (§ 71-3-217).
Employee Assistance Program (EAP)	Employers must provide internal or contracted EAP resources for assessment, counseling, referral, and follow-up (§ 71-3-209).
Authorized Test Triggers	Pre-employment, reasonable suspicion (documented), random (equal probability for all employees), post-accident, routine fitness-for-duty, follow-up after rehab (Ch. 71-7).
Specimens & Methods	Urine required for drugs (initial & confirmation). Alcohol: breath/saliva for screening, blood for confirmation (MSDH Rule 104).
Panel & Substances	Must test for marijuana, cocaine, opiates, amphetamines, PCP, and alcohol. May include other drugs if federal protocol and cutoffs exist. Panel must be disclosed in policy (MSDH Rule 103.01).
Cutoffs & Confirmation	Initial positives must be confirmed using GC/MS or equivalent. Labs must have cutoff procedures; only confirmed positives reported to MRO (MSDH Rules 105–106).
Medical Review Officer (MRO)	Mandatory; all confirmed results reviewed by MRO prior to employer action (MSDH Rule 106.03–106.06).
Confidentiality & Notices	Strict confidentiality required; standard notice language must be included in policy. Medication disclosure form goes to MRO (MSDH Rule 108).
Employee Rights & Retest	Employees may discuss medications with MRO and request retest of original sample at their expense (§ 71-7-13).
Medical Cannabis Note	Mississippi’s medical cannabis law does not require workplace accommodation; employers may enforce zero-tolerance policies and test for THC.
Renewal & Recordkeeping	Annual renewal with insurer required; maintain records of policy distribution, training rosters, and test results (§ 71-3-207(4)).

Disclaimer: This overview is provided for informational purposes only. Employers should review state requirements and consult with legal counsel or their insurer to ensure compliance.

Detailed Testing Requirements

Mississippi law allows and regulates drug and alcohol testing under Miss. Code Ann. Chapter 71-7 and MSDH Title 15, Part III, Chapter 53. A compliant Drug-Free Workplace Program should include:

Pre-employment - Drug and/or alcohol testing after a conditional job offer, before final hire.
Reasonable Suspicion - Testing based on specific, articulable observations of appearance, behavior, speech, or other reliable evidence; documentation is required.
Routine Fitness-for-Duty - If part of regularly scheduled medical or physical exams, applied consistently to all employees in the job category.
Post-Accident - Following workplace accidents, injuries, or workers’ compensation claims where employee actions may have contributed (§ 71-3-121).
Follow-up Testing - Periodic, unannounced testing after rehabilitation or as recommended by a treatment provider.
Random Testing - Permitted if employees are selected through a statistically valid, nondiscriminatory process.

How to Apply for Premium Credit

1. Develop a Compliant Program

Create a written policy that meets § 71-3-211 requirements (prohibitions, testing triggers, confidentiality, EAP information).
Select a SAMHSA/CLIA-certified laboratory and designate a Medical Review Officer (MRO).
Schedule required employee education (1 hour) and supervisor training (2 hours).

2. Implement and Communicate

Distribute the policy to all employees before testing begins.
Post required notices in the workplace.
Begin testing following Chapter 71-7 procedures and MSDH chain-of-custody rules.

3. Self-Certify to Your Insurer

Complete the insurer’s Mississippi DFWP self-certification or affidavit of compliance form (required under § 71-3-207).
Provide supporting documentation: policy, training records, lab/MRO agreements.

4. Maintain and Renew Annually

Keep records of policy distribution, testing results, and education/training attendance.
Re-certify with your carrier each year to continue receiving the 5% premium reduction.

Why Choose ASAP Programs for Compliance?

Implementing a compliant Mississippi Drug-Free Workplace Program requires more than just a policy, you must follow Miss. Code Ann. §§ 71-3-201 – 225, Chapter 71-7, and the MSDH Title 15, Part III, Chapter 53 regulations to qualify for and keep your 5% premium credit. ASAP Programs makes this process easy by handling every step:

Policy Development: We create or update your written policy to meet statutory requirements, including employee notice, confidentiality, and testing triggers.
Testing Program Setup: We connect you with our contracted certified labs, coordinate chain-of-custody procedures, and ensure results are reviewed by our MRO as required.
Employee Education & Supervisor Training: We provide training materials and guidance to satisfy the 1-hour employee and 2-hour supervisor training requirements.
Carrier Documentation: We prepare the forms and supporting documentation you need to self-certify with your insurer and secure the credit.
Ongoing Compliance: We help you maintain records, update your program annually, and stay current with Mississippi’s rules and best practices.

Ready to protect your discount? Contact ASAP Programs today to get started with a program that is compliant, defensible, and insurer-approved.

Last updated: August 2025