Chapter[ XI. Recommendations ]
Section[ Recommendations ]
XI. Recommendations
To prevent the illegal use of performance enhancing substances in Major League
Baseball, I make a series of recommendations. Some can be implemented by the Commissioner
unilaterally; some are subject to collective bargaining and therefore will require the agreement of
the Players Association.
First, the Commissioner’s Office should place a higher priority on the aggressive
investigation of non-testing (so-called “non-analytic”) evidence of possession or use, enhance its
cooperation with law enforcement authorities, and make other improvements designed to keep
performance enhancing substances out of major league clubhouses.
Second, Major League Baseball needs a compelling and greatly enhanced
educational program that focuses on real-life stories as well as on all the risks involved in the use
of performance enhancing substances. These include health risks, career risks, and the many
dangers that can result from associating with drug dealers. This program should also give
significant attention to the status that major league players enjoy as role models and how their
use affects the decisions of young people throughout the country.
I have been warned by a number of former players that some players will use
performance enhancing substances no matter what they are told. They may be right. But I also
heard from other former players who wrestled long and hard with the decision to use
performance enhancing substances. An education program that effectively communicates the
messages described above might not deter all players from use, but it surely will deter some.
Third, although it is clear that even the best drug testing program is, by itself, not
sufficient, drug testing remains an important part of a comprehensive approach to combatting the
illegal use of performance enhancing substances. The Commissioner does not have the authority
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to act unilaterally on drug testing, however; the agreement of the Players Association is required.
The current joint drug program is part of the Basic Agreement that was agreed to in 2006 and
will remain in effect until 2011. Any changes to the program therefore must be negotiated with
and agreed to by the Players Association. Neither party is obligated to agree to reopen the Basic
Agreement to address the program, even though that is what happened in 2005. There is no way
for me to know whether that will happen again.
In recognition of the uncertainties in both the timing of further action on drug
testing and in the positions of the parties when that action does take place, I set forth here a set of
principles and best practices that presently characterize a state-of-the-art drug testing program.
Every program should be updated regularly to keep pace with constantly changing challenges
and best practices. It will be for the clubs and the Players Association to decide when to
undertake a fresh review of these issues. When they do, I urge them to incorporate the principles
described in this report into Major League Baseball’s joint drug program.
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