Michigan Drug Testing Laws 2021

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The State of Michigan does not have any legal statutes and regulations regarding workplace drug testing. There are no limits as such on workplace drug testing. Drug testing in Michigan is not prohibited or restricted unless it violates other legal provisions such as employee or applicant rights to privacy, dignity, and reputation. Employers also have to comply with the state of Michigan's drug-free workplace guidelines for implementing drug testing in the workplace. Refusal to comply with a drug test on the part of the employee constitutes grounds for considering him/ her equivalent to a positive test case and may provide the employer the justification to discipline the employee. The employer may choose to perform one of the following drug testing protocols for assessing an employee:

michigan drug test

Table Of Contents:

1. Random Selection Testing

An employee shall submit to a drug test on a random selection basis.

2. Reasonable Suspicion Testing

An employee must submit to a drug test if there is a reasonable suspicion that the employee is under the influence of a controlled substance.

3. Pre-appointment Testing

An employee or applicant is required to take specific standard tests such as urine sample testing before occupying a designated position.

4. Follow-up Testing

An employee may submit to a follow-up testing if the employee voluntarily disclosed drug or alcohol problems and entered into or completed a rehabilitation program, failed or refused a pre-appointment drug test within the previous 24-month period.

5. Post-incident Testing

An employee shall submit to a drug test if there is evidence that the employee may have caused or contributed to an on-duty accident or harm resulting in death or injury requiring immediate medical attention.

 Find 10-panel drug tests in Michigan here.

Michigan newborn drug testing laws

All newborns are screened shortly after birth under the Newborn screening (NBS) to assess the health and safety of newborns in Michigan. While substance abuse during pregnancy is not considered a crime in Michigan, detection of controlled substances, including the now legal medical or recreational marijuana, can have serious fallouts. The Child Protective Services (CPS) may get involved and come knocking at your door, and in the worst-case scenario, have your child taken away by the state. Testing is performed on urine or meconium samples taken from the newborn.

Michigan pre-employment drug testing laws

The State of Michigan has no specific legislation regarding pre-employment drug testing. Employers who adopt a drug-free workplace program can formally set up testing procedures that may require an employee to submit to a drug test or an alcohol test.  However, pre-appointment testing in the state of Michigan is limited to drug testing only. Also, an employee selected for a test-designated position shall not serve in that position until the employee has submitted to and passed a pre-appointment test.

Michigan roadside drug testing laws

The state of Michigan recently passed the 2020 Senate Bill 718, which authorizes a statewide pilot program for roadside drug testing. Roadside drug testing uses saliva to detect the presence of controlled substances, including marijuana. The test is administered by certified "drug recognition experts," which includes state troopers, deputies, and other members of law enforcement. The 2020 Senate Bill 718 is an expanded version of the initial pilot program for roadside drug testing that began back in 2017.  The new legislation removed the provision that initially limited roadside drug testing to the five counties of Berrien, Delta, Kent, St. Clair, and Washtenaw.

Does Michigan drug test for Welfare?

As of now there is no legislation to drug test for Welfare in the state of Michigan. Former Michigan Governor Rick Snyder signed a one-year pilot project in 2014 that required the screening of government assistance beneficiaries for drug abuse. However, it faced growing dissidence as not even a single welfare recipient tested for drug abuse. The suspicion-based screening and testing came on the back of a failed program in 1999 to randomly test welfare recipients, which was later deemed unconstitutional.

Do teachers get Drug Tested in Michigan?

Teachers are not subject to drug tests in Michigan. However, under reasonable suspicion school authorities may instigate a drug test for a teacher following which he or she may be required to be tested.

Top 10 companies that drug test in Michigan

According to the survey by the National Institute on Drug Abuse, 70% of illegal drug users are employed. This finding, coupled with the legalization of medical and recreational marijuana in Michigan, has led employers to enforce workplace drug policies for disciplining and discharging employees under the positive influence of alcohol or controlled substances. Here's a list of the top 10 companies in Michigan where drug tests are conducted:

  • Ford Motor Company
  • General Motors
  • Lear Corporation
  • Meijers
  • Dow Chemicals
  • Federal-Mogul
  • Henry Ford Health System
  • Conway Central Express
  • Domino’s Pizza
  • Chrysler

Does Kohls drug test in Michigan?

Undoubtedly the largest department store retail chain in the United States, Kohls does not conduct any drug test in Michigan. However, it reserves the right to a drug test and may require an employee to submit to the test as a condition of employment.

Does Home Depot drug test in Michigan?

The largest home improvement retailer in the United States, Home Depot generally conducts two drug tests: pre-employment drug test and random drug selection testing.  The drug test may involve either a mouth swab test directly after an interview or immediately upon hire and a urine test during employment. 

The bottom line

A drug-free workplace ensures a healthier working environment. It guarantees a safer working environment by reducing the risks and dangers of an employee under the influence of drugs. It discourages drug use and encourages the treatment and recovery of employees with a history of substance abuse. At the same time, it increases the productivity and performance of the employees.  In the absence of any legal regulation governing drug testing laws in Michigan, the law seems unduly in favor of the employers. However, employees can bring up their grievances to the court of law if they perceive that their employers' actions violate the drug-free workplace clarified by the State of Michigan.



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