Mississippi — Workplace Safety

Mississippi does not operate an OSHA-approved state plan. Federal OSHA directly enforces occupational safety and health standards for most private-sector employers in Mississippi. State and local government workers are not covered by federal OSHA and have no state-level OSHA protection.

Source: OSHA State Plans

Mississippi requires employers who regularly employ five or more workers to carry workers' compensation insurance under Miss. Code § 71-3-5. This five-employee threshold applies regardless of whether employees work full-time, part-time, seasonal, or temporary positions; all categories count toward the minimum. Employers with fewer than five employees are not required to carry coverage but may voluntarily elect to do so.

Covered and exempt categories. The Mississippi Workers' Compensation Act (Miss. Code § 71-3-1 et seq.) applies to most private-sector employment once the five-employee threshold is met. Domestic servants, certain agricultural laborers, and casual employees (employees whose work is not in the usual course of the employer's trade or business) are expressly excluded from mandatory coverage under the statute. Federal employees and certain transportation and maritime workers covered by federal compensation regimes (Jones Act seamen, longshoremen under the Longshore and Harbor Workers' Compensation Act) fall outside the state Act's scope.

Opt-out for sole proprietors, partners, and certain shareholder-employees. Miss. Code § 71-3-5 permits a sole proprietor, a partner in a partnership, or an employee who owns 15% or more of a corporation's stock to elect exemption from coverage by written agreement with the employer. When such an individual opts out, that person does not count toward the five-employee threshold for determining whether coverage is mandatory.

Obtaining coverage. Employers subject to the Act must obtain coverage through a private insurance carrier authorized to write workers' compensation in Mississippi or through approved self-insurance (individual or group). Mississippi does not operate a state fund as an insurer of last resort. The Mississippi Workers' Compensation Commission (MWCC) administers the program and maintains a proof-of-coverage system; carriers report coverage electronically through the National Council on Compensation Insurance's Proof of Coverage System or another Commission-approved vendor (MWCC General Rule 1.3).

Posting and proof-of-coverage requirements. Every employer operating under the Act must post a Notice of Coverage form (at least 8½ × 11 inches) in a conspicuous location in the workplace. The notice must identify the insurance carrier (or self-insured status), the third-party administrator (if any), the effective dates of coverage, and the employer contact responsible for workers' compensation matters (MWCC General Rule 1.8). Employers must also file proof of compliance with the MWCC in the manner the Commission directs.

Penalties for non-compliance. Employers who fail to maintain required coverage face both criminal and civil penalties under Miss. Code § 71-3-83. Criminal penalties include misdemeanor charges. Civil penalties can reach $10,000. Additionally, an employer without coverage loses the exclusive-remedy protection of the Workers' Compensation Act and may be sued directly in tort by an injured employee, exposing the employer to uncapped damages for negligence.

Source: MWCC General and Procedural Rules Source: Mississippi Workers' Compensation Facts (MWCC publication)

Who must keep injury-and-illness records under federal OSHA? Most Mississippi employers with more than ten employees at any time in the previous calendar year must keep records of work-related injuries and illnesses using OSHA Form 300 (Log), Form 301 (Incident Report or equivalent), and the 300A (Annual Summary). There is an exception for employers whose establishments fall under a "low-hazard industry," which is defined in Appendix A to Subpart B of 29 CFR 1904 (see 29 CFR 1904.2; list available at 29 CFR 1904, Subpart B, App. A).

When and how must records be made and posted? Employers must record each recordable injury or illness on the OSHA 300 Log and complete a 301 Incident Report within seven calendar days of receiving notice of the condition (29 CFR 1904.29(b)(3)). At year-end, the employer must review the Log, complete, certify, and post the 300A Summary in a conspicuous location at the establishment from February 1 through April 30 of the following year (29 CFR 1904.32(b)(5)-(6)).

How long must records be retained? Employers must retain the OSHA 300 Log, 300A Summary, 301 forms, and any privacy-case list for five years following the end of the calendar year they cover (29 CFR 1904.33(a)). During that period, the employer must update the 300 Log to add new or corrected incidents, but is not required to update the 300A Summary or 301 reports (29 CFR 1904.33(b)).

Who must submit data electronically? Employers with establishments of 20–249 employees in a covered industry, or establishments with 250 or more employees in any industry, must submit the 300A Summary electronically to OSHA by March 2 of each year. Establishments with 100 or more employees in designated high-risk industries must also submit the full 300 Log and 301 data. These thresholds apply per establishment—not the entire enterprise—so multi-site employers must assess each location individually (29 CFR 1904.41(a)-(b)).

Key takeaways for Mississippi employers:

• Establishments with over 10 employees (unless low-hazard) must keep OSHA records.
• Record each incident within 7 days; post the 300A Summary from Feb 1–Apr 30.
• Retain all required records for five years; keep the 300 Log updated.
• Electronic data submission obligations are determined by the size and industry of each establishment.

Source: 29 CFR Part 1904 recordkeeping provisions Source: OSHA Recordkeeping Quick Start Source: 29 CFR 1904.33 Source: 29 CFR 1904.41

Mississippi employers must comply with specific reporting deadlines and use prescribed forms when an employee suffers a workplace injury or occupational illness. The Mississippi Workers' Compensation Commission (MWCC) enforces these requirements for covered incidents. Below are the key deadlines and forms:

1. First Report of Injury (Form B-3/IAIABC IA-1):

• Deadline: The employer must file the First Report of Injury within 10 days of acquiring knowledge of the injury (except for medical-only claims).
• Form/method: Use MWCC Form B-3 or IAIABC IA-1, submitted electronically or via the method prescribed by the Commission.

2. Notice of First Payment (Form B-18):

• Deadline: File within 10 days after the end of the statutory waiting period when disability benefits are triggered.

3. Employer's Notice of Controversion (Form B-52):

• Deadline: File on or before the 14th day after the employer receives notice or knowledge of the alleged injury. Timely filing is required to avoid a possible 10% penalty on overdue compensation.

4. Notice of Final Payment (Form B-31):

• Deadline: File within 30 days of making the final payment of compensation. If the employee signs the B-31, file the original with the Commission and request a date-stamped copy (the statute of limitations is triggered as of the stamped date). If the employee refuses to sign after two documented attempts, file the original and two copies; still request the stamped "filed" copy.

5. Reporting to insurance carrier:

• The primary sources do not specify a separate statutory deadline or distinct form for the employer to notify its workers' compensation insurance carrier apart from the required filings above. Notification to the carrier is implied as part of the regular claim process. Unable to confirm a stricter requirement as of 2026-06-16.

Filing mechanics and compliance: All forms must be filed in the manner and format the MWCC prescribes—typically electronic submission via the MWCC portal. Paper versions are also available, but electronic is now standard. Employers and insurers can find up-to-date instructions and fillable forms on the MWCC and Department of Finance & Administration (DFA) websites.

Source: Mississippi Workers’ Compensation Quick Reference Guide Source: MWCC First Report of Injury instructions

Mississippi does not operate an OSHA-approved state plan, and federal OSHA coverage does not extend to state or local government employees under 29 U.S.C. § 652(5) and § 654. The critical question is whether Mississippi law establishes any alternate occupational safety and health protections for employees of state agencies, counties, municipalities, or their political subdivisions.

No state-level occupational safety law for public employees. As of June 2026, Mississippi has not enacted a law analogous to the federal Occupational Safety and Health Act that covers public sector workers. The Mississippi Code contains no chapter or section creating a general occupational safety and health program, board, or enforcement agency for public employers or employees. A search of Title 25 (public officers and employees), Title 71 (labor and industry), and other potentially relevant titles in the Mississippi Code confirms this absence. Mississippi's code is officially published at the Secretary of State's and the Mississippi Legislature's .gov domains, and review of these sources shows no operative public-sector workplace safety statute.

Exception — context-specific standards. While there is no general workplace safety law for state or local government employees, some public workers may be subject to safety-related requirements under specialized laws, e.g., Department of Corrections regulations or Department of Education safety protocols. These are specific to agency activities and do not create a broad public-sector safety and health program. No statewide public employer counterpart to federal OSHA exists.

Workers’ compensation, not workplace safety. State and local government employees are included in Mississippi’s workers’ compensation statute for job-related injuries and occupational diseases (subject to the Act’s exceptions and limitations), but this is a post-injury benefit system—not a system of proactive hazard prevention or safety enforcement, and it does not substitute for OSHA coverage.

Bottom line: State and local government employees in Mississippi work without general occupational safety and health regulatory protections at the state level, beyond any isolated agency rules or the post-injury remedies available through workers’ compensation.

Source: Mississippi Code Title 71 (Official State Legislative Site) Source: OSHA State Plans — Mississippi