| State: | Michigan |
| Statute of Order: | Currently Not Available |
| Covered Employers: | Currently Not Available |
| Applicant Testing: | Currently Not Available |
| Employee Testing: | Currently Not Available |
| Conditions & Methods: | Currently Not Available |
| Pass Drug Testing Bulletpoints: |
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1. Not a Mandatory State
Unlike many other ‘Mandatory’ States in the United States, this is an ‘Open’
State. What this essentially means is that an employer who chooses to
conduct drug or alcohol testing is not governed by a specific Michigan State
Law. No law directly addresses, or limits such workplace centric tests.
2. The Policy
The absence of specific laws with respect to drug and alcohol testing means
that there is no requirement for a written policy to be adopted by the
employer for the same. However, if this drug test is going to result in or
be used for purposes of unemployment, termination, or compensation, the
employer must configure a written policy.
3. The Process of Giving Notice
Once again the fact there is no specific State Law/s or Regulations means
that an employer does not have to post a notice of the policy or post the
policy in conspicuous locations.
4. The Expenditure
It is not made clear as to who will bear the cost of any drug or alcohol
test conducted at the workplace. More often than not, the employer will pick
up the tabs for the tests conducted. If the employee asks for a retest,
then, more often than not, it’s the employee who will pay for the costs
incurred. However, there are no specifications for the same.
5. The Consequences of the Testing
As this is an ‘Open’ State there are no restrictions or limitations that
come under the purview of a specific law or any court decision.
6. Where Will the Tests be conducted?
Again, there are no specific rules and regulations for the conduction of
drug testing or alcohol testing for the workplace. On the other hand a
‘Mandatory’ State asks employers to conduct tests at approved laboratories
only.
7. When Can the Tests be conducted?
A ‘Mandatory’ State has specific rules and regulations that govern the
performance of the tests for a specific purpose. This could mean testing of
applicants prior/after making a job offer, random testing, a plausible
cause, etc amongst various other aspects. However, an ‘Open’ State like
Michigan has no such requirements. There are basically no limits under the
State law or any kind of court decision.
8. Specific State Centric Modifications
In Michigan, voters in An Arbor voted in favor of Marijuana being used for
medicinal purposes, which led to a specific amendment of the City charter.
Also, if an employee refuses to test or tests positive, then this action is
looked at, as ‘misconduct; with regards to subject of unemployment.
Moreover, the State of Michigan also has a law that deals with drug dealer
liability.
9. How to Conduct the Tests?
Here again, there are no clearly etched out specifications, rules and
regulations for the same. Therefore, there are no limits or restrictions on
the way the tests are to be conducted with respect to State Laws or a
respective court decision.
10. Clearly Specified Drug, if any
No limits or restrictions herein.
PASS A DRUG TEST IN MICHIGAN
