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Drug-Free Workplace Policy and Program Template

Michigan Drug Testing Laws and Regulations

State: Michigan
Michigan Drug Testing Law:

The State of Michigan has no specific legislation regarding employment and pre-employment drug testing. There are no defined scope and limitations for employers in testing their employees. This does not mean however, that the employees and applicants are helpless subjects for drug and alcohol testing in the workplace. Michigan drug testing and alcohol testing must still be conducted in a way that does not violate the rights of individuals to privacy, dignity and reputation. Employees and prospective employees have the right to bring up their complaint to the court of law. There is also a notice issued by the State of Michigan concerning the drug-free workplace program. The notice serves as guidelines for employers who, voluntarily, want to establish a drug-free workplace policy.

Statute of Order:

The State of Michigan has no specific statues governing drug and alcohol testing in the workplace. However, as of July 2009, the State of Michigan issued a Drug-Free Workplace Notice. The Drug-Free Workplace Notice describes the rules of implementation.

Covered Employers:

All employers with over 52,000 employees must establish a drug-free workplace program.

Applicant Testing:

Applicant testing is neither restricted nor permitted.

Employee Testing:

Employee testing is permissible for employers who adopted a Drug-Free Workplace Program. Testing procedure must be in accordance with the employers’ drug-free workplace policy.

Conditions and Methods:

Employers may require drug and alcohol testing among its employees or prospective employees. Testing procedure must be implemented with due consideration of the workers’ privacy rights, dignity and reputation.

Important Bulletpoints:
  • The Michigan Penal Code states that it is unlawful for any employer to compel new hire or continuing employees to pay for the costs of a medical examination when requested by the employer. Violators may be penalized up to $100 for each instance of the violation. Whether or not employment drug testing is classified as a required medical examination has not been ruled on yet.
  • Under the Drug Dealer Liability Act, the employer of an individual abuser may bring an action for damages against persons who participated in the illegal marketing of a controlled substance used by the individual abuser.
  • Refusal to be subjected to a controlled substance testing administered in a non-discriminatory manner, as may be required by the employer as per set policy or procedure, is a basis for denial of unemployment benefits upon being discharged from employment. Likewise, getting discharged for testing positive for the use of illegal drugs or alcohol intoxication while at work are grounds for denial of unemployment benefits.
  • Medical Marijuana Law: Voter ballot driven legislation.
    Applicability: Qualified patients and primary caregivers.
    Quantity Allowed: 12 plants in an enclosed, locked facility or 2.5 oz usable Marijuana. Primary caregivers may keep up to 60 plants (12 for each of 5 patients and 12.5 oz of usable Marijuana in an enclosed, locked facility).
    How Obtained: Law does not address.
    Liability Protections: Qualifying patients and caregivers – not subject to arrest, prosecution or penalization in any manner.
    Statutory Requirements for Authorized Use: Registry Card required and issued through Bureau of Health Services.
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    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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