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Michigan drug testing laws

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 statute 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 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. The Employer may require an employee, as a condition of continued employment, to submit to a drug test or an alcohol test, as provided in this Article. An employee may refuse to submit to a drug screening or alcohol test but the employee shall be warned that such refusal constitutes grounds for discipline equivalent to discipline imposed for a positive test result, and allowed an opportunity to submit to the testing as though the employee had originally complied with the order.

Random selection testing

A test-designated employee shall submit to a drug test and an alcohol test if the employee has been selected for testing on a random selection basis.

Limitations on random selection testing – The number of drug tests conducted in any one year on a random selection basis shall not exceed fifteen percent (15%) of the number of all test-designated positions. The number of alcohol tests conducted in any one year on a random selection basis shall not exceed fifteen percent (15%) of the number of all test designated positions.

Reasonable suspicion testing

An employee shall be required to submit to a drug test or an alcohol test if there is reasonable suspicion that the employee has violated this Article or a departmental work rule.

Limitations on reasonable suspicion testing – Before an employee is subject to reasonable suspicion testing, a trained supervisor must document the basis for the reasonable suspicion. In addition, an employee shall not be subject to a reasonable suspicion test until the Employer-designated drug and alcohol testing coordinator (DATC), or the DATC’s designee, has given express, individualized approval to conduct the test.

Follow-up testing

An employee shall submit to an unscheduled follow-up drug test or alcohol test if, within the previous 24-month period, the employee voluntarily disclosed drug or alcohol problems, entered into or completed a rehabilitation program for drug or alcohol abuse, failed or refused a pre-appointment drug test, or was disciplined for violating this Article or a departmental work rule.

Limitations on follow-up testing – The Employer may require an employee who is subject to follow-up testing to submit to no more than six unscheduled drug or alcohol tests within any twelve-month period.

Pre-appointment testing

An employee not occupying a test-designated position shall submit to a drug test if the employee is selected for a test designated position.

Post-incident testing

A test-designated employee shall submit to a drug test or an alcohol test if there is evidence that the test-designated employee may have caused or contributed to an on-duty accident or incident resulting in death, or serious personal injury requiring immediate medical treatment, that arises out of any of the following:

  • The operation of a motor vehicle.
  • The discharge of a firearm.
  • A physical altercation.
  • The provision of direct health care services.
  • The handling of dangerous or hazardous materials

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 pey points

The Michigan Penal Code states that it is unlawful for any employer to compel new hire or existing 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.

Penalties

  1. The employer may impose discipline, up to and including dismissal, for violation of this article or a departmental work rule.
  2. An employee selected for a test-designated position shall not serve in the test-designated position until the employee has submitted to and passed a pre-appointment drug test. If the employee fails or refuses to submit to the drug test, interferes with a test procedure, or tampers with a test sample, the employee shall not be appointed, promoted, reassigned, recalled, transferred, or otherwise placed in the test-designated position. The Department of Civil Service shall also remove the employee from all employment lists for test designated positions and shall disqualify the employee from any test designated position for a period of three years. In addition, if the employee interferes with a test procedure or tampers with a test sample, the employee may also be disciplined by the Employer as provided in 1 above. An employee’s qualification for appointment in the classified service is a prohibited subject of bargaining and any complaint regarding action by the Department of Civil Service shall be brought only in a Civil Service technical appeal proceeding.

Required treatment

In the event of a positive test, and in the further event that a sanction less than discharge is imposed, the employee shall be referred to a Substance Abuse Professional for assessment and treatment, if appropriate.

It is also worthy of note that an employee refusal to be subjected to a drug or alcohol testing administered in an unbiased manner, as may be required by the employer as 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 as well.

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