Michigan Memo to All Employees Regarding Drug Testing
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How to fill out Memo To All Employees Regarding Drug Testing?
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FAQ
Federal, state and local governments do not require private employers to conduct employee drug tests, but they do establish drug testing programs, regulations and policies for their own civil service jobs. If you work as a civil service employee, you must comply with regulations on drug testing or risk losing your job.
The following tests are authorized: (1) Reasonable suspicion testing. An employee shall submit to a drug test or an alcohol test if there is reasonable suspicion that the employee has violated this rule. (2) Preappointment testing.
Michigan law allows any employer the right to test job applicants and employees for drugs. Employers are encouraged to adopt workplace policies on drug and alcohol use and communicate those policies on an ongoing basis.
Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to. This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a drug test.
No person can be forced to provide a sample of urine, hair, saliva or blood for any purpose. However, if a person has a contractual obligation to provide a sample, and refuses to do it, courts have ruled that, in certain circumstances, that can be grounds for dismissal.
The most common consequence that a worker can face if they refuse to take a mandatory drug test is that they will be terminated from their job. Alternatively, if they are a prospective candidate for a job, then they will most likely not receive a job offer.
Michigan has no statute governing drug and alcohol testing in either pre-employment or employment. Employers may create employment policies, programs, procedures, or rules on the use of alcohol or illegal use of drugs (MCL 37.1211(a)).
There are no limits as such on workplace drug testing. Drug testing in Michigan is not prohibited or restricted unless it violates other legal provisions such as employee or applicant rights to privacy, dignity, and reputation.
An employee who fails a drug test may be fired for violating a drug free workplace policy - again, regardless of whether they have a marijuana card or not. The MMMA does not regulate private employment nor protect against termination from private employment.
No Michigan Drug Testing Laws Michigan is one of a small number of states that has no law addressing drug testing in private employment. This means that drug testing is not prohibited or restricted, unless it violates other legal provisions (such as a law prohibiting discrimination; see below).
