An employer may test employees for illegal drug use in Michigan. Federal law does not put many limits on testing of employees for drug use in the workplace. The federal government requires testing by employers in a few industries in which safety is of special importance, such as transportation, aviation, NASA contracting, and the Department of Defense. However, drug testing in the workplace is neither required nor prohibited by federal law.
It is mainly state and local laws that determine whether an employer may test employees and applicants for drugs. Many states have passed laws regulating employers’ ability to test their employees or job applicants for drug use. Michigan does not have any employee drug testing laws. A local attorney in Michigan would be able to provide more information.
A drug test is a chemical analysis of a biological specimen, commonly a person’s blood, breath, urine, or hair. The test is used to detect evidence of the presence or absence of specified drugs in a person’s body. Major applications of drug testing by employers involve the detection of drugs prohibited by law, such as cannabis, cocaine, methamphetamine, and heroin.
An employer might also test for alcohol intoxication through the use of blood alcohol content (BAC) tests of a person’s blood, breath, or urine.
In addition to discounts on an employer’s workers’ compensation costs, employers may believe that drug testing of employees offers the following benefits:
- Improved job performance by employees;
- Fewer job-related accidents;
- Reduced absenteeism;
- Improved morale among employees;
- Increased customer satisfaction.
What Are the Rules for Testing Current Employees?
As noted above, Michigan law does not impose any rules regarding drug testing on employers. In the absence of any Michigan law to guide employers in drug testing, employers want to put policies in place that would allow them to engage in drug testing without offending certain federal laws, specifically the Americans with Disabilities Act (ADA) and Title VII of the federal Civil Rights Act (CRA).
Some prescription medicines can cause a drug test to be positive. Certain drugs that are controlled substances, e.g., opiates, are prescribed legally for certain conditions. If an applicant for a job is refused employment because of a positive drug test and took medication that was legally prescribed for a medical condition, the employer might be liable. The exception is medical marijuana.
Another concern would be drug testing in connection with workplace accidents that could lead to workers’ compensation claims. Drug testing policies should limit drug testing after an accident in the workplace to situations in which there is a reasonable suspicion of an employee.
Marijuana is legal for recreational use in Michigan. The Michigan state government continues to test most government employees for marijuana, including health workers, state police, and Michigan Department of Corrections officers. However, the state has eliminated marijuana testing for office staff and applicants for positions that do not require driving, operation of heavy machinery, or handling of hazardous materials.
Also, Michigan has eliminated the rule that banned the hiring of applicants who had failed a drug test for marijuana from applying for another state job for three years. Michigan’s new rules effectively treat marijuana as it treats alcohol for the designated jobs.
Michigan government employee drug testing of job applicants continues for cocaine, opiates, amphetamines, and phencyclidine, known as PCP. Also, employees may still be tested if they are believed to be under the influence of marijuana in the workplace.
Can I Refuse a Drug Test at Work?
Virtually every state allows private employers to test job applicants for drugs. It is allowed in Michigan also. If a job applicant tests positive, an employer may refuse to hire them for that reason. Failing a drug test may result in an employee having their employment terminated.
Some states limit the situations in which an employer may test their current employees for drugs. As noted above, Michigan law does not limit employee drug testing.
Of course, an employer may not physically force a person, either a job applicant or an employee, to take a drug test. However, while a job applicant has a right to refuse a drug test, their employer has the right to refuse them a job for that reason. If it is a current employee who refuses a legitimate test, the employer may impose sanctions up to and including firing.
If an employee objects to drug testing and wants to avoid it, they would want to become familiar with their employer’s drug-testing policy. They might be able to avoid any drug-testing that is not done in compliance with the employer’s policy. They may also want to become familiar with the exceptions to employer drug testing that are defined by federal law which also applies in Michigan workplaces.
What Are the Consequences of Refusing to Take a Drug Test?
As noted above, refusing to take a drug test mandated by an employer depends on the employer’s drug testing policy. However, legally, an employer may subject a person who refuses drug testing to disciplinary action. Disciplinary action may include termination of the person’s employment.
Are There Any Exceptions?
The federal Americans with Disabilities Act (ADA) does not prevent employers from enforcing drug-free workplace policies or otherwise testing employees for drug use. It does not offer any protection to employees who are using illegal drugs.
However, the ADA does make it illegal for employers to engage in employment discrimination against recovering alcoholics and drug users who are in treatment for their addiction. So, an employer may want to put in place a policy that excuses drug users and alcoholics who are in treatment from drug testing.
Also, under the terms of the ADA:
- Employers may not fire, refuse to hire, or refuse to promote a person because they have a history of substance use;
- Employers also may not refuse to promote employees because they are enrolled in a drug or alcohol rehabilitation program.
Employers who have drug-testing programs want to be careful not to focus testing on employees only because they look or act as though they are under the influence of drugs or alcohol.
Many of the physical symptoms usually associated with alcohol and drug intoxication, e.g., slurred speech, disorientation, or a lack of coordination, can also be the result of a serious physical disability or medical condition. So, selective drug testing of this type might violate the ADA.
People with disabilities or conditions that might resemble intoxication are protected by the ADA. Testing people with disabilities might lead to claims of discrimination under the ADA.
Finally, employers should not question their employees about their legal prescription drug use as part of any pre-hiring or pre-promotion drug-testing process. While the case law in this area is not entirely clear-cut, some state courts have ruled that requesting such information constitutes a form of discrimination that violates the ADA.
While challenges to drug testing or drug-free workplace policies under Title VII of the Civil Rights Act are rare, employers should make sure that their programs treat all workers equally. Employers want to avoid testing employees so as to select only those of a particular race, ethnicity, or gender. Testing on the basis of race, ethnicity, or gender would violate Title VII of the federal Civil Rights Act.
Do I Need an Attorney if I Refuse to Take a Drug Test?
If you have refused drug testing at work or when you applied for a job, you want to talk to a Michigan discrimination lawyer as soon as possible. LegalMatch.com can quickly connect you to an experienced Michigan lawyer who can analyze the facts of your case and tell you if the drug testing you refused was testing the employer should not have required.
If you are concerned about drug testing in your workplace, you might want to talk to a Michigan discrimination lawyer before you are asked to submit to testing to find out what your rights are.
