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What a Mississippi business has to have in writing

Mississippi carries one of the lightest state written-policy loads in the country, with no OSHA state plan, so most workplace compliance is federal.

What is distinctly Mississippi is the drug and alcohol testing statute, which forces any employer that tests to publish a written policy and give 30 days notice before it starts, and the 2019 Insurance Data Security Law, which makes insurance licensees keep a written information security program and certify to the Commissioner.

Suppliers hosting state data go through the Department of Information Technology Services' enterprise cloud and offsite hosting security policy. Contractors above the statutory thresholds must be licensed by the State Board of Contractors.

Mississippi has a rule of its own in 6 of the 14 areas, listed below. In 1 more we searched the state's own site and found nothing beyond the federal rule, but we have not finished writing up where we looked, so that one is not shown yet. The remaining 7 areas we have not checked yet.

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Cover Mississippi the Modern WayEvery policy Mississippi makes you write, acknowledged by name
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Approve it, lock the version
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Every employee in Mississippi on record
Who read which version, and when
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Mississippi rules for a 15–19 person general business

We check the same 14 areas of state law on every state page: breach notification, data security program, consumer privacy law, biometric and health data, harassment prevention, workplace safety programs, workplace violence prevention, insurance data security, state vendor security program, paid leave policies, required postings, pay transparency, licensing and certifications, and other written policies. Federal rules apply in most of these already. What this page adds is whether Mississippi has a rule of its own on top. The federal rules every employer carries follow the Mississippi rules. Each row names what you must write, post, file or certify, who enforces it, and links to the authority.

Breach Notification 1Who you must tell after a data breach, and how fast

LawProduceWhat it requiresTriggerEnforced by
Data breach notificationMiss. Code Ann. § 75-24-29 #Any person or business conducting business in Mississippi that owns, licenses or maintains computerized personal information of a Mississippi residentDistribute
Notice
After discovering a breach, run a prompt investigation; if the personal information was or is reasonably believed to have been acquired by an unauthorized person and misuse has happened or is reasonably possible, notify the affected residents without unreasonable delay. Notice can be written, electronic, telephonic or, for very large or costly incidents, substitute notice. Mississippi does not require notice to a state agency, so the record of the investigation and the decision is the compliance artifact.
From the first employee
Mississippi Attorney General, Consumer Protection Division (Mississippi Consumer Protection Act)

State Vendor Security Program 1Certification a vendor needs before selling cloud services to the state

LawProduceWhat it requiresTriggerEnforced by
Mississippi Enterprise Cloud and Offsite Hosting Security PolicyState of Mississippi Enterprise Security Policy; Enterprise Cloud and Offsite Hosting Security Policy (ITS) #Suppliers of cloud or offsite hosting services to Mississippi state agencies, institutions and other functions of state governmentWrite
Written program
Meet the security requirements the Department of Information Technology Services sets for cloud and offsite hosting before a state agency may host data with you. The policy carries its own contract terms and conditions and a set of baseline security controls that go into the agreement, on top of the Enterprise Security Policy's minimum requirements for protecting the confidentiality, integrity and availability of state data. ITS reviews and approves the technology procurement.
From the first employee
Mississippi Department of Information Technology Services

Required Postings 1The notices every workplace in the state must display

LawProduceWhat it requiresTriggerEnforced by
Required workplace noticesMiss. Code Ann. § 71-5-1 et seq. (employment security); Miss. Code Ann. § 71-3-1 et seq. (workers' compensation) #Every Mississippi employerPost
Posting
Post the Mississippi Department of Employment Security unemployment insurance notice and the Workers' Compensation Commission notice naming the insurance carrier and explaining how to report an injury, alongside the federal posters. Mississippi has no state minimum wage, safety or discrimination poster of its own, so the federal set carries most of the load.
From the first employee
Mississippi Department of Employment Security; Mississippi Workers' Compensation Commission

Licensing and Certifications 1Registrations, licenses and certifications a business or its staff must hold

LawProduceWhat it requiresTriggerEnforced by
Business registration (Secretary of State Business Services)Miss. Code Ann. Title 79 (corporations, LLCs and partnerships) #Any corporation, LLC, limited partnership, nonprofit or out-of-state entity doing business in MississippiFile
Filing / record
File formation or qualification documents through the Secretary of State's online business portal, keep a registered agent and office on record, and file the annual report each year to remain in good standing. Employers separately register for withholding and sales tax with the Department of Revenue and for unemployment insurance with MDES.
From the first employee
Mississippi Secretary of State, Business Services Division

Other Written Policies 4Any other document the state makes an employer write or hand out

LawProduceWhat it requiresTriggerEnforced by
Drug and alcohol testing in the workplace (written policy)Miss. Code Ann. §§ 71-7-1 to 71-7-33 #Any Mississippi employer that tests employees or applicants for drugs or alcoholWrite
Written policy
Write a drug and alcohol testing policy before testing anyone and give employees a general written statement of it, then wait 30 days before the first test. The policy has to say who may be tested and on what basis, which substances are screened, how samples are collected and confirmed, what the consequences of a positive result or a refusal are, and how an employee may explain or contest a result. Applicants must be told in advance that a test is part of the hiring process.
From the first employee
Private civil action; the statute sets out the employer protections that follow from complying
Workers' compensation drug-free workplace premium discount programMiss. Code Ann. §§ 71-3-201 to 71-3-225 #Mississippi employers that choose to qualify for the workers' compensation premium creditWrite + ack
Written policy
Adopt a written drug-free workplace policy that meets the statute, give each employee a copy and 60 days notice before testing starts, provide employee education and supervisor training, keep an employee assistance referral list, and use a certified laboratory. The Workers' Compensation Commission certifies qualifying programs and the carrier applies the premium discount.
From the first employee
Mississippi Workers' Compensation Commission
New hire reportingMiss. Code Ann. § 43-19-46 #Every Mississippi employerFile
Filing / record
Report every newly hired or rehired employee to the Mississippi State Directory of New Hires within the statutory window after the first day of work, giving the employee's name, address, Social Security number and start date along with the employer's identifying details. The reporting file or online submission is the record kept.
From the first employee
Mississippi Department of Employment Security; Mississippi Department of Human Services
Child labor certificates and restrictionsMiss. Code Ann. §§ 71-1-17 to 71-1-33 #Mississippi employers of workers under 16 in mills, canneries, workshops, factories and messenger serviceFile
Filing / record
Before putting a child under 16 to work in a covered occupation, obtain and keep on file the statutory certificates showing age, school attendance and parental consent, produce them on inspection, and keep the hours within the daily and weekly limits the statute sets. Mississippi has no general state work permit outside these covered occupations, so federal child labor rules govern the rest.
From the first employee
Mississippi Department of Employment Security; local school authorities issue the certificates

Because You Are in Construction 1Industry layer

LawProduceWhat it requiresTriggerEnforced by
Contractor license (State Board of Contractors)Miss. Code Ann. §§ 31-3-1 et seq. and 73-59-1 et seq. #Commercial construction contracts at or above the statutory threshold and residential construction and remodelling contracts above the residential thresholdFile
Filing / record
Hold the right Board of Contractors license, commercial or residential, before bidding or contracting, name a qualifying party who passes the required exam, file financial statements for the classification sought, renew annually and complete continuing education. Unlicensed bidding voids the bid and carries penalties.
From the first employee
Mississippi State Board of Contractors

Because You Are in Food & Beverage 1Industry layer

LawProduceWhat it requiresTriggerEnforced by
Food establishment permit and certified food protection managerMiss. Code Ann. § 41-3-15; Mississippi Food Code (adopting the FDA Food Code) #Restaurants, mobile units, caterers, retail food stores and other food establishments in MississippiFile
Filing / record
Submit plans and get a permit from the Department of Health before opening, renew it, pass routine inspections, and keep at least one certified food protection manager with an accredited certificate. The Food Code also requires a written employee health reporting agreement and a HACCP plan or variance for specialized processes.
From the first employee
Mississippi State Department of Health, Food Protection

Because You Are in Financial & Tax 1Industry layer

LawProduceWhat it requiresTriggerEnforced by
Insurance Data Security LawMiss. Code Ann. §§ 83-5-801 to 83-5-825 (SB 2831, 2019) #Insurance licensees of the Mississippi Insurance Department; licensees below the statutory size exceptions are relieved of parts of the program dutyCertify
Certification
Keep a comprehensive written information security program built on a risk assessment, with administrative, technical and physical safeguards, board or senior management oversight, third-party service provider due diligence and a written incident response plan. Insurers domiciled in Mississippi file an annual written certification of compliance with the Commissioner, and any licensee must notify the Commissioner within three business days of determining a qualifying cybersecurity event occurred.
From the first employee
Mississippi Insurance Department

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