August 14, 2002
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), an 1,100 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 drug testing program of MLB players. In light of recent reports concerning details of the program, DATIA would like to highlight some issues that must be addressed in formulating an effective and credible testing program. From what has been published concerning the current testing program MLB is considering, it appears that the program will be implemented simply so that MLB players can say they are being drug tested.
First and foremost, a credible drug-testing program must include random, unannounced testing. Current reports indicate that the drug-testing program will include one test in 2003 and one test in 2004. Only if more than 5% of players test positive in 2003 will random testing be implemented. An important consideration of implementing such a program is that players using steroids will refrain from use long enough to pass the test in 2003 and then resume use once they have been tested. Those that use steroids will do the same the following year. As you can see, such a program will not identify use of steroids by players, but rather only cause a slight inconvenience to those players using such drugs.
Secondly, it has been reported that players will not be tested in the off-season. Is this not the time period that the majority of players focus on their strength and conditioning workouts, thereby being the time that most players would use steroids? 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 the once a year drug test 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, there are no reports as to how the collection and testing process will be conducted. DATIA urges MLB and the MLBPA to utilize industry recognized standards in their drug-testing program. 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.
The question is also raised as to why MLB players will only be tested for steroid use? Other performance enhancing drugs such as amphetamines and illegal drugs are currently being tested for by other sports leagues including the National Football League and the National Basketball Association. Use of these drugs by players has a profound negative effect on the sport, as well as on the health of the players. It would seem imperative that a valid testing program be inclusive of all recognized performance enhancing and illegal drugs.
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 steroids do so to advance their baseball careers. This creates a situation which increases the likelihood of a player trying to continue his steroids use and beat the system with masking agents, rather than ending his steroids 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 would also like to request a copy of the league’s and players’ 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 lshelton@datia.org or 800-355-1257.
Sincerely,
Laura E. Shelton
Executive Director
