Bill Text: MS SB2014 | 2010 | Regular Session | Introduced
Bill Title: Drug and alcohol testing in the workplace; provide certain standards.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [SB2014 Detail]
Download: Mississippi-2010-SB2014-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Insurance
By: Senator(s) Hewes
Senate Bill 2014
AN ACT TO AMEND SECTION 71-3-121, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN STANDARDS FOR DRUG AND ALCOHOL TESTING IN THE WORKPLACE; 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, * * * the employer may require the employee to submit to a test for the presence of any controlled substances or alcohol in his system if the employer has probable cause to suspect that an employee is under the influence of any controlled substances or alcohol to the extent that the employee's normal faculties were impaired.
In the event the employee is injured, the employer may use the results of drug and alcohol tests, whether employer administered or otherwise, as evidence on the issue of whether the proximate cause of the employee's injury was the intoxication of the employee at the time of the 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.
