Michigan has no general drug and alcohol testing law. Employers that want to deny unemployment compensation claims must meet specific drug testing requirements.
These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Michigan does not have a specific drug testing law so employment drug testing is an employer decision.
| 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 - Workers Comp Denial of Benefits | Yes, limited laws | 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 | 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.
Michigan law MCL §418.305 states “If the employee is injured by reason of his intentional and willful misconduct, he shall not receive compensation under the provisions of this act.” It is important to include in your written drug free workplace policy that testing positive for drugs or refusing a required drug test is willful misconduct. This could help a denial of a workers comp claim.
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
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws vary 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.
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