Pubdate: Sun, 08 Feb 2004
Source: Daytona Beach News-Journal (FL)
Copyright: 2004 News-Journal Corp
Contact:  http://www.n-jcenter.com/
Details: http://www.mapinc.org/media/700
Author: Godwin Kelly, Motorsports Editor
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

ZERO TOLERANCE

NASCAR And Racing Teams Just Say 'No'

DAYTONA BEACH -- Bobby Hamilton's face contorts when he talks about Brian 
Rose, a young driver who wheeled one of Hamilton's racing trucks to a 
stirring third-place finish at Daytona International Speedway to start the 
2002 season.

"There are a lot of people out there who will never get the opportunity to 
drive a race car around Daytona," Hamilton said. "To come in here and take 
advantage of that, then screw it up and throw it away, well, it's bad."

Projected as a future star in NASCAR, Rose has vanished from the racing 
scene. The 23-year-old's personal life is tangled in a web of legal woes as 
he faces multiple drug and weapon charges in his hometown of Bowling Green, Ky.

His racing career is on hold due to violations of NASCAR's substance- abuse 
policy, which is viewed by a majority of competitors as an important safety 
tool.

"What differentiates us (from other sports) is we have zero tolerance," 
said George Pyne, NASCAR's chief operating officer. "We have no tolerance 
for use of any illegal substances or banned substances in our drug policy."

They also don't have players' unions fighting to block substance-abuse 
testing as other major sports do. In fact, racing teams often institute 
their own policies above and beyond NASCAR's requirements, largely to 
protect themselves from scandals that could endanger big-money sponsorship 
deals.

And perhaps the strongest enforcers are the drivers themselves, who don't 
want to be killed by impaired fellow drivers on the track.

"We believe our system is working pretty well," said NASCAR Chairman and 
CEO Brian Z. France.

The policy, put into place in 1988 after driver Tim Richmond was suspected 
of drug use during the '87 season, was not put back to the test until a 
recent string of drug- and alcohol-related arrests and NASCAR suspensions.

The drivers suspended under NASCAR guidelines since the start of the 2002 
season have been Sammy Potashnick, who has since been reinstated; Shane 
Hmiel, who worked diligently to win back NASCAR's blessing and on Friday 
was reinstated; and Rose.

And in the early hours of Jan. 31, Scott Wimmer, 28, a Nextel Cup Rookie of 
the Year candidate, wrecked a passenger vehicle in High Point, N.C., and 
was charged by police with driving while intoxicated. While NASCAR is 
reviewing Wimmer's case, he's expected to compete in Speed Weeks races this 
week.

"The last I checked, a guy is innocent until proven guilty," said Jim 
Hunter, NASCAR vice president of communications.

Like other drivers in NASCAR's new generation, the men who landed in 
trouble are clean-cut, all-American types in their 20s. But driver Jimmie 
Johnson, 28, said their actions are not signs of an emerging pattern of 
substance abuse.

"I don't think our sport is conducive to that stuff in general," he said. 
"There might be a couple of situations that crop up, but I don't see it as 
a worry for our sport."

Rose? He has worries.

His attorney won't return media phone calls even to say "no comment" about 
his client's legal problems.

Rose is on indefinite suspension from NASCAR competition and his career is 
generally considered in shambles by those in the sport. It takes millions 
of dollars to compete and the companies that fund race teams would likely 
shy away from a driver with a history of failed drug tests and countless 
legal issues.

Hmiel is taking a different path. Since his suspension, he's passed every 
random drug test asked of him by NASCAR, leading to his reinstatement last 
week.

"Every case is unique and different," Pyne said. "There's a road to 
recovery that is clearly spelled out to that competitor. Again, what is 
different with us is with our immediate, zero tolerance, you are out the door."

That door can open again if a driver rehabs, stays off the substance in 
question, agrees to random testing and can find a team willing to give him 
a second chance.

Though Pyne would not discuss Rose's status with NASCAR, team owners and 
other drivers say Rose probably has too many strikes to ever attempt a 
comeback.

"Brian had an opportunity to come back," Hamilton said. "They (NASCAR) was 
all about giving him a second chance and he got in trouble for the same 
thing that he felt he was falsely accused of."

He was suspended by NASCAR in April 2003 after failing a test and later 
last summer was arrested by Bowling Green police, accused of alcohol 
intoxication and drug possession.

In September, two warrants were issued for Rose's arrest. The charges range 
from carrying a concealed weapon to possession of marijuana to DUI.

The Starting Point

The roots of NASCAR's drug policy stretch back to the 1987 season. 
Richmond, who drove the No. 25 Chevrolet, could not be found to make his 
qualifying run at Michigan International Speedway.

Members of Richmond's team rousted him from a nap in his motor home and 
rushed him by golf cart to pit road.

Richmond looked like he had been struck over the head with a rubber mallet, 
said media members who recalled the incident. His head bobbled, his eyes 
were glassed over, his arms dangled like a rag doll. He seemed incoherent 
as he was hurried to his racer.

Then, he strapped into a 3,600-pound stock car and turned laps in excess of 
170 mph over the two-mile oval.

That's when the rumors started; the flamboyant driver, who lived on a boat 
in Fort Lauderdale, was using drugs.

"I never saw Tim using any drugs," Rick Hendrick, Richmond's car owner in 
1986 and '87, said in a recent interview.

Nobody in racing ever reported seeing Richmond use drugs, but from the day 
he was hustled to his car at the track, he was shrouded in doubt.

NASCAR had no mechanism in place to prove the allegations true or false, 
which led William C. France, then sanctioning body president, to begin the 
push toward a substance abuse policy.

NASCAR hired Dr. David Black, who specializes in forensic toxicology and 
legal medicine, and a team of lawyers to draft the guidelines. The policy 
went into effect at the start of the 1988 season.

Before the first lap of competition at Daytona International Speedway in 
1988, Richmond was asked to submit a urine sample to series director Dick 
Beaty and vice president of competition Les Richter.

With Beaty and Richter as witnesses, Richmond agreed to the drug test 
procedure, inside NASCAR's mobile command post in the Speedway garage.

Richmond tested positive for an unusually large amount of over-the- counter 
decongestants and pain relievers and was immediately placed on suspension.

Richmond never raced again after failing the drug test. He later sued 
NASCAR, which wanted access to his medical files.

Richmond fought back because he didn't want the public to know he was 
battling AIDS.

The two sides eventually settled out of court. Richmond died from the 
disease in August 1989.

When NASCAR took away Richmond's competition license, it sent a clear 
message to competitors: Drugs and alcohol don't mix in the racing 
workplace, and those who violate the code will be dealt a severe blow.

The policy applies to drivers, car owners, sponsor reps, crew chiefs, even 
NASCAR officials -- anybody with a NASCAR license -- and the language, 
while in legalese, is quite clear.

"The use of illegal drugs at any time, or use of alcohol during a NASCAR 
Event, and even the proper use of certain medications during a NASCAR 
Event, may endanger competitors, officials and fans, and such conduct 
cannot be permitted by NASCAR," reads the substance abuse policy preamble.

Several NASCAR officials have been trained by Black to identify signs of 
impairment and, if needed, collect specimens for analysis.

Competitors sign an "authorization for testing and release" waiver each 
season. Once signed, NASCAR can ask for samples of urine, blood, saliva, 
hair or breath tests if an official has "reasonable suspicion" that a 
competitor has "violated any part" of the policy.

The reasonable suspicion clause allows NASCAR to respond to reports by 
whistleblowers, fellow competitors with a concern about an individual.

"We have a system that our fellow drivers and owners help us police it," 
Brian France said.

"It's happened," Hamilton said. "I know a couple of people who have gone up 
in the truck and told NASCAR they wasn't comfortable with the way somebody 
looked and acted."

At that point, if there was reasonable suspicion, the driver would be 
tested, Pyne said.

With today's technology, false positives are rare, but there is wiggle room 
for what Black called interpretation of the findings.

"It may be a matter of looking at prescription history or some reason why 
there might be the presence of that chemical or drug," he said. "In some 
instances there may be justification."

If the data is not conclusive, Black said, an independent physician can be 
called in as a medical review officer for consultation and final determination.

Does The System Work?

NASCAR officials say three drivers from the MTV generation, so to speak, 
suspended for substance abuse infractions, and another arrested for drunk 
driving, do not suggest more widespread drug use in the sport.

NASCAR's so-called young guns, men in their 20s from varied racing 
backgrounds and different parts of the country, are changing the face of 
stock car racing.

Pyne said there is nothing fundamentally wrong with this group of up- 
and-coming drivers.

NASCAR racing remains relatively untainted when compared to other 
professional sports and their drug-related scandals.

Major League Baseball, for instance, is dealing with an ongoing and 
widespread steroid issue. Baseball also had a player die while taking the 
diet supplement ephedrine.

A few years ago NFL quarterback Brett Favre revealed his addiction to pain 
killing drugs. Another player died in preseason practice and supplements 
were found in his locker. The list goes on and on.

NASCAR doesn't perform random drug tests on drivers who have not already 
run afoul of its substance-abuse policy. It only tests if there is 
reasonable suspicion.

With the stakes so high because of close marketing ties with major 
corporations, many individual race teams now require drug tests of their 
employees.

Hendrick Motorsports fields four NASCAR Nextel Cup Series teams and employs 
450 people.

"We have a mandatory (drug test program) with our employees," Hendrick 
said. "All of them have to take a urine test. We don't need somebody coming 
into our organization that has a problem.

"When you are representing a company like a Lowe's or a DuPont, you've got 
to know any time that you get into trouble, you're going to create a lot of 
problems for those people," he added.

Johnson, who drives Hendrick's No. 48 Chevrolet, said his contract holds 
him accountable for actions outside the racetrack.

"There is actually a drug clause in there that refers to making the sponsor 
or team look bad, like a drunk driving ticket or something like that," 
Johnson said.

Hamilton, who has three entries in the Craftsman Truck Series, said Bobby 
Hamilton Racing has two pages of in-house substance abuse policy 
information in its employee handbook.

Hamilton said he's had to dismiss two employees since starting his race 
team four years ago.

"There are too many lives at risk," Hamilton said. "I've always been behind 
NASCAR 100 percent on this."

[Sidebar]

NASCAR drug policy The NASCAR substance abuse policy took effect in January 
1988 after the suspension of driver Tim Richmond. Here's an overview:

Competitors are asked to take a drug test if there is "reasonable suspicion."

Anyone who obtains any kind of NASCAR license must sign an "authorization 
for testing and release" waiver each season.

NASCAR can ask for samples of urine, blood, saliva, hair or breath tests if 
"reasonable suspicion" of drug use has been established.

A number of NASCAR officials are trained to take and seal samples for 
testing, and all are versed in detecting signs of impairment.

NASCAR encourages "whistle blowing" among its competitors to help police 
its substance abuse policy.

NASCAR reserves the right to suspend a competitor based on a conviction for 
driving a passenger vehicle while under the influence of alcohol or drugs, 
or a drug-related conviction.

Competitors and officials are prohibited from consuming alcohol prior to or 
during a race.

If a person fails a drug test and wants to return to racing, he or she must 
submit to a series of spot testing. The person being tested must pay for 
the examinations.

If an individual is reinstated, NASCAR reserves the right to randomly test 
that individual.

NASCAR does not recommend specific rehabilitation programs but strongly 
encourages self-help and treatment for those afflicted with a drug problem 
or alcohol abuse.
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MAP posted-by: Beth Wehrman