Workplace Drug Testing Issues – Michigan State Laws
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Workplace Drug Testing Laws in Michigan
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||Permitted|
|Drug Panels||No restrictions|
|Laboratory||No restrictions||The SAMHSA-certified laboratory is highly recommended.|
|Medical Review Officer||Not required||It is highly recommended to limit liability exposure.|
|Random Testing||No restrictions|
Intoxication Defense – Denial of Workers Compensation Claim – States vary in their willingness to allow employers to use an injured worker’s intoxication against a compensation claim. State laws’ intoxication defenses generally fall into one of three rough categories: reasons 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.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.