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.
Workplace Drug Testing Laws in Michigan
|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|
|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