Some Michigan employers must follow federal drug rules no matter what state law allows.
Federal contractors, grantees and employers of safety-sensitive transportation workers have drug-free workplace and testing duties of their own. Here is who they apply to and what a compliant program looks like.
What the rule says.
A general summary, not a legal opinion. Federal contractor and DOT regulations are amended periodically, so check the regulations themselves.
Drug-Free Workplace Act
Certain federal contractors and grantees must publish a drug-free workplace statement, set up an awareness program and require employees to report certain drug convictions.
DOT Testing Procedures
Federal transportation rules set how testing is collected and handled, who may be tested and how positive results are reported. Commercial drivers fall under separate FMCSA rules.
Marijuana Stays Prohibited
Marijuana remains a controlled substance federally, so DOT-regulated jobs cannot treat a Michigan card or adult-use law as an excuse.
How it plays out.
Start by deciding whether the rules reach you: do you hold a covered federal contract or grant, or do you employ commercial drivers or other DOT-regulated workers? Each answer leads to different programs.
Where DOT rules apply, the program is detailed and exact: approved collection sites, medical review officers, a clearinghouse query and return-to-duty steps. Many employers use a qualified third-party administrator.
Keep federally required testing separate from any non-DOT testing under your own policy, and label which is which in your records. Treat this as general background rather than legal advice about your contract or workforce.
Where this shows up in your plan.
Employee Assistance Program
Federal programs expect employees to be directed to help; an employee assistance program is a common route.
Substance Use Disorder Coverage
A DOT return-to-duty process relies on treatment, so the health plan’s substance use disorder benefits matter.
Leave for Treatment
Employees who need treatment may need leave, which can run alongside the Family and Medical Leave Act where it applies.
Setting it up.
Confirm whether you hold a covered contract or grant or employ DOT-regulated workers.
Adopt the written federal policy and awareness program the rules require.
Choose a qualified testing administrator and collection site.
Train supervisors on reasonable-suspicion observations and documentation.
Review plan benefits so employees in return-to-duty know what treatment is covered.
Mistakes to avoid.
Do not mix DOT tests with your own non-DOT tests on the same form.
Do not skip required supervisor training.
Do not assume state law protects a safety-sensitive employee who tests positive.
Do not discard required records early.
Other rules employers work with.
Federal Contractor Compliance
The rest of the federal contractor obligations.
ADA and Religious Accommodations
Where testing meets disability law.
Return to the Drug Testing Hub
The hub page tying federal testing duties to Michigan policy.
Laws and Rules Referenced
Drug-Free Workplace Act, 41 U.S.C. 8102 — What a covered contractor or grantee must publish, notify and report.
DOT drug testing, 49 CFR Part 40 — Specimen collection, laboratory and medical review rules for DOT-regulated employees.
FMCSA controlled substances testing, 49 CFR Part 382 — Testing rules for commercial drivers.
Quick answers.
Common questions about covered contractors, DOT testing and what Michigan law does not change. Cards lead to deeper guides.
Who must follow the Drug-Free Workplace Act?
Certain federal contractors and grantees, depending on the size and type of award.
Do DOT rules allow marijuana for Michigan cardholders?
No. Marijuana remains prohibited for DOT-regulated safety-sensitive work.
Do we need a third-party administrator?
Not always, but many employers use one because the procedures are exact.
More guides in this series.
Michigan Recreational Marijuana and Employer Drug-Free Workplace Rules
A companion guide in the same series.
Michigan Medical Marihuana Act and Workplace Drug Policies
A companion guide in the same series.
Employee Assistance Programs and Drug-Free Workplace Policies
A companion guide in the same series.
Substance Use Disorder Coverage in Employer Group Health Plans
A companion guide in the same series.
Leave for Substance Use Treatment Under FMLA and the ADA
A companion guide in the same series.
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