Federal & State Regulations | Drug testing - Michigan | J. J. Keller® Compliance Network

State Info

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

U.S. Department of Labor

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

29 CFR 1904.36

Guidance document