December 9, 2004
Commissioner Allen (Bud) Selig
Major League Baseball
245 Park Ave., 31st Floor
New York, NY 10167
Donald M. Fehr, Esq.
Major League Baseball Player's Assoc.
12 East 49th St.
New York, NY 10017
Dear Commr. Selig and Mr. Fehr;
The Drug and Alcohol Testing Industry Association (DATIA), a 1,300 member association representing all segments of the drug and alcohol testing industry, would like to commend Major League Baseball (MLB) and the Major League Baseball Players Association (MLBPA) in working toward implementing a more comprehensive drug testing program of MLB players. As MLB and MLBPA work toward formulating a new drug testing program for the league, DATIA would like to highlight some issues that must be addressed in formulating a drug testing program that is comprehensive, consistent, and fair, and will be a truly effective and credible testing program.
First and foremost, a credible drug-testing program must include random, unannounced testing throughout the year (i.e., during spring training, the regular season, and the off-season). A testing program that is only conducted during certain parts of the year, or that only tests players at pre-determined times, will allow players using illegal and/or performance enhancing drugs to refrain from use long enough to pass the test and then resume use once they have been tested. As you can see, such a program will not identify use of steroids or dugs of abuse by players, but rather only cause a slight inconvenience to those players using such drugs.
Secondly, testing players during the off-season is crucial to a comprehensive program. Is this not the time period when the majority of players focus on their strength and conditioning workouts, thereby being the time that players may use steroids or other performance enhancing drugs? A player could use such drugs in the off-season to bulk up, work out during the year to prevent loss of muscle mass while not taking steroids, pass a drug test at the beginning of the season, and then return to using steroids. Even if the final testing program includes random, unannounced drug testing throughout the playing season, the lack of testing in the off-season will be a huge void in the program.
Thirdly, the collection and testing process must be conducted using industry- recognized standards. These standards include utilizing trained personnel to collect the testing specimen, a qualified laboratory and/or FDA-approved testing device to perform the testing, and having all confirmed positive tests reviewed by a trained Medical Review Officer. Furthermore, the use of a third party to conduct the testing is imperative to the program’s success. Without the involvement of a third party, positive drug tests are likely to be miraculously “lost” when they belong to the team’s leading hitter. It is in the owners’ and the players’ best interests to have a winning team, and suspending or reprimanding a key player for testing positive can have adverse effects on a team’s record.
Finally, DATIA would urge MLB and the MLBPA to include testing for adulterants and masking agents as part of its drug-testing program. Many masking agents and adulterants are created and sold for the sole purpose of beating a drug test. MLB players using performance enhancing drugs and/or drugs of abuse do so to advance their baseball careers. This creates a situation which increases the likelihood of a player trying to continue his drug use and “beat the system” with masking agents, rather than ending his drug use and risking not being seen as one of the league’s greatest players.
I hope that MLB and the MLBPA consider the issues mentioned above when finalizing the league’s drug testing program. DATIA provides industry training for the development of comprehensive, fair, and consistent drug testing programs, and would be happy to assist the league and the union in the development of such a program. DATIA would also like to request a copy of the proposed drug testing programs so that we can see each program’s details. Should you have any questions concerning the issues that we raised above, please do not hesitate to contact me at mmoskal@datia.org or 800-355-1257.
Sincerely,
Melissa S. Moskal
Executive Director
