Michigan Drug Testing Report
Michigan does not have a state drug testing law. So unfortunately there is no workers comp discount required by any state law for a drug-free workplace program. But always ask your workers comp insurance provider – we have implemented a drug-free workplace, can we get a discount on our workers’ comp insurance.
The intoxication defense does apply in Michigan so it is possible to have a workers comp claim denied when there is a positive post-accident drug or alcohol test. The WORKER’S DISABILITY COMPENSATION ACT Section 418.305 – Wilful misconduct of employee states:
“If the employee is injured by reason of his intentional and wilful misconduct, he shall not receive compensation under the provisions of this act.”
For post-accident testing in Michigan, drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident.
Benefits can be denied!
In reviewing the Michigan Employment Security Act, we find the following:
421.29 Disqualification from benefits.
(1) Except as provided in subsection (5), an individual is disqualified from receiving benefits if he or she:
(b) Was suspended or discharged for misconduct connected with the individual’s work or for intoxication while at work.
(m) Was discharged for illegally ingesting, injecting, inhaling, or possessing a controlled substance on the premises of the employer; refusing to submit to a drug test that was required to be administered in a nondiscriminatory manner; or testing positive on a drug test, if the test was administered in a nondiscriminatory manner. If the worker disputes the result of the testing, a generally accepted confirmatory test shall be administered and shall also indicate a positive result for the presence of a controlled substance before a disqualification of the worker under this subdivision. As used in this subdivision:
(i) “Controlled substance”” means that term as defined in section 7104 of the public health code