Michigan employers are permitted to test employees and applicants for drugs and alcohol but must adhere to certain statutory guidelines to ensure fairness and respect for individual rights. Furthermore, there are specific provisions regarding medical marijuana patients, which employers should consider.
Marijuana in Michigan: As of January 2022, both medical and recreational marijuana are legal in Michigan. However, employers can still enforce drug-free workplace policies, and employees using marijuana can be subject to workplace discipline.
For specific guidelines and regulations, it's recommended to refer to the Michigan Legislature website.
| Drug Testing Issue |
Status |
Comments |
| Instant or POCT Testing |
Permitted |
Follow guidelines and best practices. |
| Drug Panels |
No specific statute |
Adhere to accepted panels and industry standards. |
| Laboratory |
Must be certified |
Certified laboratories ensure the accuracy and reliability of results. |
| Medical Review Officer (MRO) |
Recommended |
An MRO adds an extra layer of verification and can interpret results effectively. |
| Random Testing |
Permitted |
Especially for safety-sensitive positions. |
| Post-Accident |
Permitted |
Ensure policies are consistent and non-discriminatory. |
| Reasonable Suspicion |
Permitted |
Based on objective observations and evidence. |
| Oral Fluids |
No specific statute |
Consistency in testing methods is crucial. |
| Hair Testing |
No specific statute |
Seek guidance due to potential privacy issues. |
| Unemployment Denial |
Possible |
If terminated for violation of drug-free workplace policy. |
| Workers Comp Discount |
Not explicitly addressed |
However, maintaining a drug-free workplace can be seen positively. |
| Intoxication Defense |
Not explicitly addressed |
Employers should ensure they have clear evidence. |
| Medical Marijuana |
Yes |
However, employers can enforce workplace policies. |
| Recreational Marijuana |
Yes |
But employers can still enforce drug-free workplace rules. |
| Report Driver DOT Positives |
Subject to federal rules |
Ensure compliance with federal regulations. |
| General Statute |
Specific provisions apply |
It's imperative to familiarize oneself with the Michigan Drug Testing of Employees Act. |
This summary provides a snapshot of Michigan's drug testing laws and regulations. With the state's clear stance on medical and recreational marijuana use, employers must be precise in how they draft and enforce drug policies, ensuring that they do not infringe on the rights of employees.
