Michigan Drug Testing and Workers’ Comp Laws

MICHIGAN State Law Summary – Workplace Drug/Alcohol Testing

GENERAL COMMENTS: Michigan is an “open” state, meaning there are no requirements or limitations on workplace drug testing.

POLICY: NO law requires a written policy; however, for workers compensation / unemployment purposes employers SHOULD have written policy.

NOTICE: NO notice or posting requirements in this state.

COSTS: Not specified.

CONSEQUENCES: NO limits exist under state law or court decision.

WHO: NO limits exist under state law or court decision.

WHAT: NO limits exist under state law or court decision.

WHERE:NO limits exist under state law or court decision.

WHEN: NO limits exist under state law or court decision.

HOW: NO limits exist under state law or court decision.

OTHER STATE PECULIARITIES: 

• Medical Use of Marijuana (ch 333.26421 to 333.26430) has been interpreted by a state court as not requiring employers to accommodate medical marijuana use by workers. That case is currently on appeal.
• Medical Use of Marijuana:  Ann Arbor:
  On November 2, 2004, voters in Ann Arbor approved a ballot measure that amended Section 16.2 of the city charter to allow the use of marijuana for medical purposes. The measure passed with 74 percent approval among voters.]
• Unemployment: Positive test or refusal to test is considered “misconduct” for unemployment purposes.
• Has drug dealer liability law.

Updated 11/18/11

The material on this page has been provided by our resource partner Park-Dickens Group, distributor of FIGHTREADY™, an automated process for state specific, post-accident policies and procedures to help defend against workers' comp claims involving drug and alcohol intoxication. For a copy of the state laws, regulations, statutes, court decisions, or cases involved, email Bill Judge.