Loading

Michigan - STATE LAWS

Workplace drug testing issues – State Laws – Michigan

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

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 marihuana in any workplace or any employee working while under the influence of marihuana.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

No drug testing law in Michigan.

Intoxication Defense – Denial of Workers Compensation Claim - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Michigan