Chapter[ X. Review of the Major League Baseball Joint Drug Prevention and
Treatment Program ]
Section[ B. 3. Frequency of Testing ]
3. Frequency of Testing
The third characteristic of a state-of-the-art program is effective, year-round,
unannounced testing. Major League Baseball has increased the frequency of random testing
since the inception of its joint program. In 2004, the first year in which program testing began,
each player was tested once during the regular season on a random, unannounced basis. There
were 12 undisputed positive tests; none of the players was suspended because the joint program
did not then provide for discipline for a first positive test.528
In 2005, 349 tests were administered in excess of the “one test per player”
baseline under the joint program. The tests of 12 players were considered positive. Each of
those 12 players was suspended for 10 days without pay, which was then the discipline for a
first-time positive test for steroids under the program.529
Beginning in 2006, testing was increased to a minimum of two tests per player per
season. The first was an announced test conducted within five days after the player reported to
spring training. The second test was conducted on a randomly-selected date during the season
which, beginning in 2006, included the post-season. In addition, up to 600 additional
unannounced tests could be conducted at random times during the year. Post-season testing was
permitted for the first time, but no post-season tests were administered in 2006. In 2007, postseason
testing was conducted for the first time. The 2006 revisions also provided, for the first
528 Letter from Robert D. Manfred, Jr. to Sen. George J. Mitchell, dated Mar. 28, 2007,
at 6. The tests taken in 2004 (but not later years) were “paired tests” consisting of an initial test
followed by a second test taken five to seven days after the initial test. Under this arrangement,
the collector advised the player at the time of the initial test to cease using any over-the-counter
supplement for at least seven days and, if the player tested positive at the second test taken five
to seven days after the initial test, a positive result could not be disputed on the grounds that it
was based on the consumption of the over-the-counter supplement.
529 Id. at 8.
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time, for up to 60 off-season tests; in fact, 68 players were tested (approximately 1 out of every
18 players).
Two players were deemed to have tested positive for steroids or similar
performance enhancing substances in 2006. Both players received 50-game suspensions without
pay, which has been the discipline provided for a first-time positive test for steroids under the
joint program since the beginning of 2006.530 To date in 2007, announcements have been made
of 50-game suspensions of three players for positive tests and one player based on non-analytic
evidence of a violation of the joint program.531
The joint program also authorizes “reasonable cause” testing of players suspected
of using a prohibited substance. As previously discussed, this provision formalized a previously
unwritten understanding between the Players Association and the Commissioner’s Office, and
reasonable cause testing for steroids has been used on several occasions both before and after the
joint drug program was agreed upon.532
Under the NFL drug program, players are subject to drug testing once each season
at training camp or whenever the player reports. Thereafter random testing is conducted of ten
players for each team each week during the pre-season, regular season, and playoffs. The NFL
program does not require any off-season testing but permits it.533 The NBA program provides
530 Id. at 9. Jason Grimsley also received a 50-game suspension in 2006 based on “nonanalytic”
evidence of his use of performance enhancing substances in the form of his reported
statements to federal law enforcement agents.
531 As discussed above, on December 6, 2007 the Commissioner’s Office also announced
15-day suspensions of two players based on information that they had purchased steroids or
human growth hormone through rejuvenation clinics.
532 See supra at 47-50.
533 National Football League Policy on Anabolic Steroids and Related Substances, at § 3
(2007). Neither the NBA nor NHL provide for off-season testing.
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for random, unannounced testing of up to 4 times per player per season.534 NHL players are
subject to 2 random, unannounced tests during the pre-season and regular season.535 Comparison
across leagues is difficult because of differences in the language of the programs (some require a
specific number of tests per player while others only permit a certain number while not requiring
any minimum) and because the details of each policy’s implementation are not readily
available.536
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