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Michigan - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Michigan

Instant or POCT Testing

Permitted

Drug Panels

No restrictions

Laboratory

No restrictions

SAMHSA certified laboratory highly recommended.

Medical Review Officer

Not required

Highly recommended to limit exposure to liability.

Random Testing

No restrictions

Post-Accident

No restrictions

Reasonable Suspicion

No restrictions

Oral Fluids

No restrictions

Hair Testing

No restrictions

Unemployment Denial

Yes

Address in written policy that a positive drug or alcohol test is willful and intentional misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes

Address in written policy that a positive drug or alcohol test is willful and intentional misconduct.

Medical Marijuana

Yes

Employer is not required to accommodate the ingestion of marijuana in any workplace or any employee working while under the influence of marijuana.

Recreational Marijuana

Yes

November 6, 2018 - Voters in Michigan chose to legalize recreational marijuana via Proposal 1, which passed with 57% approval. Proposal 1 allows adults ages 21 and older to purchase, possess, and/or use marijuana and marijuana edibles. Under Proposal 1, employers retain all rights pertaining to workplace drug testing and disciplinary procedures.

Report Driver DOT Positives

No

General Statute

No drug testing law in Michigan.