Workplace Drug Testing Issues – Michigan State Laws
These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
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These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
| Drug Testing Issue | Status | Comments |
|---|---|---|
| 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. |
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