Federal OSHA jurisdiction — no state plan
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
Workers' compensation coverage requirement — five-employee threshold
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)