Employers in Michigan are permitted to implement drug and alcohol testing procedures on their employees and potential hires. There are no laws in this State regarding drug testing; therefore, the employer must only make sure that their drug testing policy does not infringe upon any employee rights and is not discriminatory or unjustified. Furthermore, the employer must be responsible for all costs of testing procedures. However, this state has adopted the federal Drug Free Workplace Act, and requires employers of 52,000 employees or more to adopt a written policy regarding drug use and drug testing.

Can Current Employees Be Tested? Yes.

Is Certified Testing Required? No.

Laws – There is no Michigan law regarding drug testing.

What can be Tested? Not specified.

How to Conduct a Legal Drug Test

Step 1 – Although it is not mandated by law, it would be pertinent for the employer to have the employee fill and sign a Drug Test Release Form, which gives the employer authorization to perform a drug/alcohol test, before collecting the physical sample.

Step 2 – After procuring a physical sample from the employee, the employer will have this sample sent to a certified lab for testing. A list of certified labs can be found on the Substance Abuse and Mental Health Association’s (SAMHSA) website.

Step 3 – After the test has been conducted, the lab will send the employer the results of the test.