State Workplace Safety and Health Office; establish under State Board of Health.

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To: Labor; Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2275

AN ACT TO AMEND SECTION 71-1-1, MISSISSIPPI CODE OF 1972, TO 1
EMPOWER THE STATE BOARD OF HEALTH TO ESTABLISH AN OFFICE OF 2
WORKPLACE SAFETY AND HEALTH; TO REGULATE OCCUPATIONAL HEALTH AND 3
SAFETY STANDARDS IN THE STATE OF MISSISSIPPI; TO PRESCRIBE ITS 4
POWERS AND RESPONSIBILITIES; TO AMEND SECTIONS 71-1-25 AND 5
71-1-27, MISSISSIPPI CODE OF 1972, TO EMPOWER THE OFFICE OF 6
WORKPLACE SAFETY AND HEALTH TO ENFORCE CHILD LABOR LAWS IN THE 7
STATE OF MISSISSIPPI; TO PRESCRIBE ITS POWERS AND 8
RESPONSIBILITIES; TO AMEND SECTION 41-3-15, IN CONFORMITY; AND FOR 9
RELATED PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. Section 71-1-1, Mississippi Code of 1972, is 12
amended as follows: 13
71-1-1. (1) The State Board of Health is empowered to 14
establish an Office of Workplace Safety and Health within the 15
Mississippi Department of Health to implement the programs 16
prescribed under this section and by law. 17
(2) The Office of Workplace Safety and Health of the State 18
Department of Health is authorized to establish an occupational 19
health and safety program and is empowered: 20
(a) To employ such qualified personnel as staff to 21
carry out the duties and responsibilities set forth herein; 22
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(b) To develop and make available upon request to all 23
employers of the state, including public employers, information, 24
consultation and assistance related to safety and health laws, 25
regulations, measures and standards; to participate and assist 26
with training and educational programs, directed toward employee 27
safety and disease prevention; 28
(c) To employ such personnel and procure such equipment 29
as necessary to provide on-site consultative services related to 30
assistance, information, education or training of employers and 31
employees toward compliance with safety and health standards and 32
toward the establishment of safety and health programs to prevent 33
work-connected disabilities; 34
(d) To collect, compile and report statistics related 35
to work-connected disabilities in Mississippi; such statistical 36
work shall be performed in cooperation with other 37
statistic-gathering agencies with the federal and state 38
governments. Such statistical reports as may be available shall 39
be made known to employers and employees * * *; 40
(e) To receive such federal or state grants and 41
appropriations as available to further the education, training and 42
assistance to the employers and employees of Mississippi in 43
preventing work-connected disabilities * * *; 44
(f) Nothing in this section shall be construed as 45
authorizing the * * * Office of Workplace Safety and Health to 46
administer or enforce in any way the Federal Occupational Safety 47
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and Health Act, known as OSHA; however, the Office of Workplace 48
Safety and Health may coordinate its inspections, activities and 49
employee functions with those of the Federal OSHA. 50
(3) In addition to such other duties and powers as may be 51
conferred by law, the Office of Workplace Safety and Health of the 52
Department of Health shall have the power, jurisdiction and 53
authority to: 54
(a) Make and promulgate such rules, or changes in 55
rules, as it may deem advisable for the prevention of accidents or 56
the prevention of industrial or occupational diseases in every 57
employment or place of employment, and such rule, or changes in 58
rules, for the construction, repair and maintenance of places of 59
employment, places of public assembly, and public buildings as it 60
may deem advisable to render them safe. The division may appoint 61
committees composed of employers, employees and experts to suggest 62
rules or changes therein; 63
(b) Order such reasonable changes in the construction, 64
maintenance and repair of places of employment as shall render 65
them safe; and 66
(c) Require the performance of any act necessary for 67
the protection of life, health and safety of employees. 68
SECTION 2. Section 71-1-25, Mississippi Code of 1972, is 69
amended as follows: 70
71-1-25. (1) It shall be the duty of the Office of 71
Workplace Safety and Health of the Department of Health to inspect 72
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employers under its jurisdiction for compliance with the child 73
labor provisions of the Mississippi Code of 1972. 74
(2) It shall be the duty of the * * * Office of Workplace 75
Safety and Health to visit, without notice of * * * its intention 76
to do so, all mills, canneries, workshops, factories, or 77
manufacturing establishments employing child labor * * * at least 78
twice each year, or oftener if requested by the sheriff, and to 79
promptly report to the sheriff any unsanitary condition of the 80
premises, any child or children afflicted with infectious, 81
contagious, or communicable diseases, or whose physical condition 82
renders such child or children incapacitated to perform the work 83
required of them. The sheriff shall promptly remove such child or 84
children from such mill, cannery, workshop, factory, or 85
manufacturing establishment, and order the premises put in 86
sanitary condition. The judgment of the * * * Office of Workplace 87
Safety and Health as to the physical condition of the children and 88
the sanitary condition of the premises shall be final and 89
conclusive. 90
(3) Every employer shall furnish employment which shall be 91
reasonably safe for the employees therein, shall furnish and use 92
safety devices and safeguards, shall adopt and use methods and 93
processes reasonably adequate to render such an employment and 94
place of employment safe, and shall do every other thing 95
reasonably necessary to protect the life, health, safety and 96
welfare of such employees; provided that, as used in this chapter, 97
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the term "safe" or "safety" as applied to any employment or place 98
of employment shall include conditions and methods of sanitation 99
and hygiene reasonably necessary for the protection of the life, 100
health, safety and welfare of employees. 101
(4) Every employer and every owner of a place of employment, 102
place of public assembly, or public building, now or hereafter 103
constructed, shall so construct, repair and maintain the same as 104
to render it reasonably safe. 105
SECTION 3. Section 71-1-27, Mississippi Code of 1972, is 106
amended as follows: 107
71-1-27. Any officer, manager, or superintendent of any 108
mill, cannery, workshop, factory, or manufacturing establishment 109
in which child labor is employed who shall fail or refuse to give 110
true and correct information demanded of him by any officer 111
hereinbefore directed to inspect such mill, cannery, workshop, 112
factory, or manufacturing establishment, or who shall fail or 113
refuse to obey any lawful order of the Office of Workplace Safety 114
and Health or the sheriff * * * of the county in which said mill, 115
cannery, workshop, factory, or manufacturing establishment is 116
located for carrying out the purpose of this chapter, shall be 117
guilty of a misdemeanor and, upon conviction, shall be fined not 118
less than * * * One Hundred Dollars ($100.00) nor more than * * * 119
One Thousand Dollars ($1,000.00). 120
SECTION 4. Section 41-3-15, Mississippi Code of 1972, is 121
amended as follows: 122
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41-3-15. (1) (a) There shall be a State Department of 123
Health. 124
(b) The State Board of Health shall have the following 125
powers and duties: 126
(i) To formulate the policy of the State 127
Department of Health regarding public health matters within the 128
jurisdiction of the department; 129
(ii) To adopt, modify, repeal and promulgate, 130
after due notice and hearing, and enforce rules and regulations 131
implementing or effectuating the powers and duties of the 132
department under any and all statutes within the department's 133
jurisdiction, and as the board may deem necessary; 134
(iii) To apply for, receive, accept and expend any 135
federal or state funds or contributions, gifts, trusts, devises, 136
bequests, grants, endowments or funds from any other source or 137
transfers of property of any kind; 138
(iv) To enter into, and to authorize the executive 139
officer to execute contracts, grants and cooperative agreements 140
with any federal or state agency or subdivision thereof, or any 141
public or private institution located inside or outside the State 142
of Mississippi, or any person, corporation or association in 143
connection with carrying out the provisions of this chapter, if it 144
finds those actions to be in the public interest and the contracts 145
or agreements do not have a financial cost that exceeds the 146
amounts appropriated for those purposes by the Legislature; 147
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(v) To appoint, upon recommendation of the 148
Executive Officer of the State Department of Health, a Director of 149
Internal Audit who shall be either a Certified Public Accountant 150
or Certified Internal Auditor, and whose employment shall be 151
continued at the discretion of the board, and who shall report 152
directly to the board, or its designee; and 153
(vi) To discharge such other duties, 154
responsibilities and powers as are necessary to implement the 155
provisions of this chapter. 156
(c) The Executive Officer of the State Department of 157
Health shall have the following powers and duties: 158
(i) To administer the policies of the State Board 159
of Health within the authority granted by the board; 160
(ii) To supervise and direct all administrative 161
and technical activities of the department, except that the 162
department's internal auditor shall be subject to the sole 163
supervision and direction of the board; 164
(iii) To organize the administrative units of the 165
department in accordance with the plan adopted by the board and, 166
with board approval, alter the organizational plan and reassign 167
responsibilities as he or she may deem necessary to carry out the 168
policies of the board; 169
(iv) To coordinate the activities of the various 170
offices of the department; 171
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(v) To employ, subject to regulations of the State 172
Personnel Board, qualified professional personnel in the subject 173
matter or fields of each office, and such other technical and 174
clerical staff as may be required for the operation of the 175
department. The executive officer shall be the appointing 176
authority for the department, and shall have the power to delegate 177
the authority to appoint or dismiss employees to appropriate 178
subordinates, subject to the rules and regulations of the State 179
Personnel Board; 180
(vi) To recommend to the board such studies and 181
investigations as he or she may deem appropriate, and to carry out 182
the approved recommendations in conjunction with the various 183
offices; 184
(vii) To prepare and deliver to the Legislature 185
and the Governor on or before January 1 of each year, and at such 186
other times as may be required by the Legislature or Governor, a 187
full report of the work of the department and the offices thereof, 188
including a detailed statement of expenditures of the department 189
and any recommendations the board may have; 190
(viii) To prepare and deliver to the Chairmen of 191
the Public Health and Welfare/Human Services Committees of the 192
Senate and House on or before January 1 of each year, a plan for 193
monitoring infant mortality in Mississippi and a full report of 194
the work of the department on reducing Mississippi's infant 195
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mortality and morbidity rates and improving the status of maternal 196
and infant health; and 197
(ix) To enter into contracts, grants and 198
cooperative agreements with any federal or state agency or 199
subdivision thereof, or any public or private institution located 200
inside or outside the State of Mississippi, or any person, 201
corporation or association in connection with carrying out the 202
provisions of this chapter, if he or she finds those actions to be 203
in the public interest and the contracts or agreements do not have 204
a financial cost that exceeds the amounts appropriated for those 205
purposes by the Legislature. Each contract or agreement entered 206
into by the executive officer shall be submitted to the board 207
before its next meeting. 208
(2) The State Board of Health shall have the authority to 209
establish an Office of Rural Health within the department. The 210
duties and responsibilities of this office shall include the 211
following: 212
(a) To collect and evaluate data on rural health 213
conditions and needs; 214
(b) To engage in policy analysis, policy development 215
and economic impact studies with regard to rural health issues; 216
(c) To develop and implement plans and provide 217
technical assistance to enable community health systems to respond 218
to various changes in their circumstances; 219
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(d) To plan and assist in professional recruitment and 220
retention of medical professionals and assistants; and 221
(e) To establish information clearinghouses to improve 222
access to and sharing of rural health care information. 223
(3) The State Board of Health shall have general supervision 224
of the health interests of the people of the state and to exercise 225
the rights, powers and duties of those acts which it is authorized 226
by law to enforce. 227
(4) The State Board of Health shall have authority: 228
(a) To make investigations and inquiries with respect 229
to the causes of disease and death, and to investigate the effect 230
of environment, including conditions of employment and other 231
conditions that may affect health, and to make such other 232
investigations as it may deem necessary for the preservation and 233
improvement of health. 234
(b) To make such sanitary investigations as it may, 235
from time to time, deem necessary for the protection and 236
improvement of health and to investigate nuisance questions that 237
affect the security of life and health within the state. 238
(c) To direct and control sanitary and quarantine 239
measures for dealing with all diseases within the state possible 240
to suppress same and prevent their spread. 241
(d) To obtain, collect and preserve such information 242
relative to mortality, morbidity, disease and health as may be 243
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useful in the discharge of its duties or may contribute to the 244
prevention of disease or the promotion of health in this state. 245
(e) To charge and collect reasonable fees for health 246
services, including immunizations, inspections and related 247
activities, and the board shall charge fees for those services; 248
however, if it is determined that a person receiving services is 249
unable to pay the total fee, the board shall collect any amount 250
that the person is able to pay. Any increase in the fees charged 251
by the board under this paragraph shall be in accordance with the 252
provisions of Section 41-3-65. 253
(f) (i) To establish standards for, issue permits and 254
exercise control over, any cafes, restaurants, food or drink 255
stands, sandwich manufacturing establishments, and all other 256
establishments, other than churches, church-related and private 257
schools, and other nonprofit or charitable organizations, where 258
food or drink is regularly prepared, handled and served for pay; 259
and 260
(ii) To require that a permit be obtained from the 261
Department of Health before those persons begin operation. If any 262
such person fails to obtain the permit required in this 263
subparagraph (ii), the State Board of Health, after due notice and 264
opportunity for a hearing, may impose a monetary penalty not to 265
exceed One Thousand Dollars ($1,000.00) for each violation. 266
However, the department is not authorized to impose a monetary 267
penalty against any person whose gross annual prepared food sales 268
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are less than Five Thousand Dollars ($5,000.00). Money collected 269
by the board under this subparagraph (ii) shall be deposited to 270
the credit of the State General Fund of the State Treasury. 271
(g) To promulgate rules and regulations and exercise 272
control over the production and sale of milk pursuant to the 273
provisions of Sections 75-31-41 through 75-31-49. 274
(h) On presentation of proper authority, to enter into 275
and inspect any public place or building where the State Health 276
Officer or his representative deems it necessary and proper to 277
enter for the discovery and suppression of disease and for the 278
enforcement of any health or sanitary laws and regulations in the 279
state. 280
(i) To conduct investigations, inquiries and hearings, 281
and to issue subpoenas for the attendance of witnesses and the 282
production of books and records at any hearing when authorized and 283
required by statute to be conducted by the State Health Officer or 284
the State Board of Health. 285
(j) To promulgate rules and regulations, and to collect 286
data and information, on (i) the delivery of services through the 287
practice of telemedicine; and (ii) the use of electronic records 288
for the delivery of telemedicine services. 289
(k) To enforce and regulate domestic and imported fish 290
as authorized under Section 69-7-601 et seq. 291
(5) (a) The State Board of Health shall have the authority, 292
in its discretion, to establish programs to promote the public 293
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health, to be administered by the State Department of Health. 294
Specifically, those programs may include, but shall not be limited 295
to, programs in the following areas: 296
(i) Maternal and child health; 297
(ii) Family planning; 298
(iii) Pediatric services; 299
(iv) Services to crippled and disabled children; 300
(v) Control of communicable and noncommunicable 301
disease; 302
(vi) Chronic disease; 303
(vii) Accidental deaths and injuries; 304
(viii) Child care licensure; 305
(ix) Radiological health; 306
(x) Dental health; 307
(xi) Milk sanitation; 308
(xii) Occupational safety and health, and 309
compliance with child labor laws, acting through its Office of 310
Workplace Safety and Health; 311
(xiii) Food, vector control and general 312
sanitation; 313
(xiv) Protection of drinking water; 314
(xv) Sanitation in food handling establishments 315
open to the public; 316
(xvi) Registration of births and deaths and other 317
vital events; 318
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(xvii) Such public health programs and services as 319
may be assigned to the State Board of Health by the Legislature or 320
by executive order; and 321
(xviii) Regulation of domestic and imported fish 322
for human consumption. 323
(b) [Deleted] 324
(c) The State Department of Health may undertake such 325
technical programs and activities as may be required for the 326
support and operation of those programs, including maintaining 327
physical, chemical, bacteriological and radiological laboratories, 328
and may make such diagnostic tests for diseases and tests for the 329
evaluation of health hazards as may be deemed necessary for the 330
protection of the people of the state. 331
(6) (a) The State Board of Health shall administer the 332
local governments and rural water systems improvements loan 333
program in accordance with the provisions of Section 41-3-16. 334
(b) The State Board of Health shall have authority: 335
(i) To enter into capitalization grant agreements 336
with the United States Environmental Protection Agency, or any 337
successor agency thereto; 338
(ii) To accept capitalization grant awards made 339
under the federal Safe Drinking Water Act, as amended; 340
(iii) To provide annual reports and audits to the 341
United States Environmental Protection Agency, as may be required 342
by federal capitalization grant agreements; and 343
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(iv) To establish and collect fees to defray the 344
reasonable costs of administering the revolving fund or emergency 345
fund if the State Board of Health determines that those costs will 346
exceed the limitations established in the federal Safe Drinking 347
Water Act, as amended. The administration fees may be included in 348
loan amounts to loan recipients for the purpose of facilitating 349
payment to the board; however, those fees may not exceed five 350
percent (5%) of the loan amount. 351
(7) [Deleted] 352
(8) Notwithstanding any other provision to the contrary, the 353
State Department of Health shall have the following specific 354
powers: The State Department of Health is authorized to issue a 355
license to an existing home health agency for the transfer of a 356
county from that agency to another existing home health agency, 357
and to charge a fee for reviewing and making a determination on 358
the application for such transfer not to exceed one-half (1/2) of 359
the authorized fee assessed for the original application for the 360
home health agency, with the revenue to be deposited by the State 361
Department of Health into the special fund created under Section 362
41-7-188. 363
(9) [Deleted] 364
(10) Notwithstanding any other provision to the contrary, 365
the State Department of Health shall have the following specific 366
powers: The State Department of Health is authorized to extend 367
and renew any certificate of need that has expired, and to charge 368
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a fee for reviewing and making a determination on the application 369
for such action not to exceed one-half (1/2) of the authorized fee 370
assessed for the original application for the certificate of need, 371
with the revenue to be deposited by the State Department of Health 372
into the special fund created under Section 41-7-188. 373
(11) Notwithstanding any other provision to the contrary, 374
the State Department of Health shall have the following specific 375
powers: The State Department of Health is authorized and 376
empowered, to revoke, immediately, the license and require closure 377
of any institution for the aged or infirm, including any other 378
remedy less than closure to protect the health and safety of the 379
residents of said institution or the health and safety of the 380
general public. 381
(12) Notwithstanding any other provision to the contrary, 382
the State Department of Health shall have the following specific 383
powers: The State Department of Health is authorized and 384
empowered, to require the temporary detainment of individuals for 385
disease control purposes based upon violation of any order of the 386
State Health Officer, as provided in Section 41-23-5. For the 387
purpose of enforcing such orders of the State Health Officer, 388
persons employed by the department as investigators shall have 389
general arrest powers. All law enforcement officers are 390
authorized and directed to assist in the enforcement of such 391
orders of the State Health Officer. 392
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(13) Additionally, the State Board of Health and the State 393
Health Officer each are authorized and directed to study the 394
status of health care, in its broadest sense, throughout the 395
state. The study should include challenges such as access to 396
care; the cost of care; indigent care; providing health care to 397
the incarcerated; the availability of health care workers, 398
paraprofessionals, and professionals; the effects of unhealthy 399
lifestyle choices; the consequences of health care facilities 400
locating in affluent and urban areas to the detriment of less 401
affluent areas, small towns, and rural areas; and negative trends 402
which may cause ill effects if they continue. The study shall 403
also include opportunities to improve health care, such as greater 404
coordination among state agencies, local governments, and other 405
entities which provide various types of health care; methods of 406
increasing the health care workforce; and methods to increase the 407
location of health care facilities in distressed areas, rural 408
areas, and small towns. All state agencies, the Legislative 409
Budget Office and the Joint Legislative Committee on Performance 410
Evaluation and Expenditure Review (PEER) are directed to assist 411
the department in developing this study. This provision does not 412
by itself grant any additional power to the State Board of Health 413
or the State Health Officer to require any entity to operate 414
differently. It does, however, empower and direct them to obtain 415
information and make recommendations, and it does require all 416
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ST: State Workplace Safety and Health Office;
establish under State Board of Health.
entities to cooperate with the board and health officer as they 417
seek information. 418
SECTION 5. This act shall take effect and be in force from 419
and after July 1, 2026. 420