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Summary of differences between federal and state regulations
Unemployment insurance
Michigan law only addresses drug testing in relation to unemployment compensation benefits. An employee may be disqualified for illegally ingesting a controlled substance on the employer’s premises, for refusing to submit to a drug test that was required to be administered in a nondiscriminatory manner, or for testing positive on a drug test that was administered in a nondiscriminatory manner. An individual fired only for using marijuana during personal time may qualify for unemployment benefits, however.
State
Contacts
Michigan Department of Consumer and Industry Services
Regulations
Michigan Compiled Laws Chapter 421, §421.29
Federal
Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.
Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Contacts
Drug testing rules
U.S. Department of Transportation
Regulations
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Drug-Free Workplace Act of 1988
United States Code at 41 U.S.C. 81
Guidance document