Policy/Interpretive Statement 2007-03
Random Drug and Alcohol Testing
In January 2007 the Washington Horse Racing
Commission amended Chapter 260-34 WAC (Drug
and Alcohol Testing of Licensees) in order to
further protect the interests and safety of
the public and participants of horseracing.
One section amended was WAC 260-34-030 (Testing),
which now allows a commission steward, commission
security investigator, or the commission acting
through the executive secretary to require any
licensee or applicant to provide a breath, blood
and/or urine sample when;
- The applicant or licensee has a documented
history of an unexplained positive test which
indicates illegal drug use or has a documented
history of violations of chapter 69.41, 69.45
or 69.50 RCW, WAC 260-34-020, or similar drug-related
violation and is within five years of conviction
or release from a correctional institution (whichever
date is later); or
- The applicant or licensee is on horseback.
It is the policy of the Washington Horse Racing
Commission (WHRC) that applicants and licensees
falling in these two categories will be tested
at random.
Each week the supervisor of the commission
security unit will query the Equine Licensing
and Management System (ELMS) for a random list
of names of applicants and licensees who meet
the criteria described in WAC 260-34-030 (1)(b)
and (d). The list generated by ELMS will include
the following:
- The names of two applicants or licensees
who have a documented history of an unexplained
positive test which indicates illegal drug use
or have a documented history of violations of
chapter 69.41, 69.45 or 69.50 RCW, WAC 260-34-020,
or similar drug-related violations within five
years of conviction or release from a correctional
institution (whichever date is later); and
- The names of three applicants or licensees
who are licensed as an exercise rider, jockey,
apprentice jockey, pony rider, and/or outrider.
Of the three persons on this list, two will
be persons licensed as exercise riders and one
will be a person licensed as a jockey, apprentice
jockey, pony person or outrider. To test a person
on horseback, the commission security investigator
must first observe the person on horseback,
and then can either require the person to dismount
to be tested or wait until after they have finished
riding and test them then. Persons licensed
as jockeys and apprentice jockeys will only
be tested during the period of the live race
meet.
Once this random list of names is generated,
the commission security investigators will have
seven days to contact the persons listed and
request a breath, blood or urine sample for
the purpose of drug or alcohol analysis. The
type of test administered will be determined
by the following guidelines:
- Persons who have a documented history
of alcohol violations will only be tested for
alcohol.
- Persons who have a documented history
of drug violations will only be tested for drugs.
- Persons, who have a documented history
of alcohol and drug violations or are persons
on horseback, will be tested for alcohol and/or
drugs at the discretion of the commission investigator.
- Persons who have no documented history
of alcohol and/or drug violations and are persons
on horseback will be tested for alcohol and/or
drugs at the discretion of the commission investigator.
The commission security supervisor will maintain
a log of the names generated at random by ELMS,
and the type and outcome of all testing. This
log will be considered a public record, disclosable
under the public records laws of this state.
Adopted by the Washington Horse Racing Commission
July 12, 2007
Original policy was effective on March 8, 2007
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