Steroid-testing issues in Md., N.C.?
Two other states, in addition to Minnesota, have laws that potentially could conflict with the NFL's steroid-testing policy, according to testimony to a Congressional subcommittee this week.
Gabriel A. Feldman, an associate professor of law at Tulane University and the director of the school's sports law program, submitted a written study of the drug-testing laws in states with NFL teams to the House subcommittee on commerce, trade and consumer protection.
The subcommittee conducted a hearing Tuesday on the implications of the case in which court decisions have prevented the NFL from enforcing its four-game suspensions of two Minnesota Vikings players who tested positive last year for a banned substance.
NFL Commissioner Roger Goodell testified at Tuesday's hearing and asked lawmakers to enact legislation to ensure that the league's collectively bargained steroid-testing policy would supersede state laws when there's a conflict.
According to the documentation submitted to the subcommittee by Feldman, the other states in which potential conflicts exist are Maryland, home to the Baltimore Ravens, and North Carolina, home to the Carolina Panthers.
Maryland law requires state certification of drug-testing facilities and prohibits testing for masking agents, according to Feldman's study.
North Carolina law requires specific certification of drug-testing facilities and gives an employee the right to seek independent confirmation of a positive result, according to the study.
Lawmakers said at Tuesday's hearing that Congressional intervention is possible but they first want to see how the case involving Vikings defensive tackles Pat Williams and Kevin Williams plays out in court, and give the league and the NFL Players Association a chance to address any issues via the collective bargaining process.
However, Goodell told the subcommittee that Congress needs to act immediately.
"This is not a potential problem," Goodell said during the hearing. "It's an existing problem.... We believe it should be addressed now."
Two issues related to Minnesota workplace law, raised in a lawsuit by the two Vikings players, remain unresolved before a state court, which has indicated it does not intend to hold a trial during the season. That has kept Pat Williams and Kevin Williams eligible to play.
According to Feldman's study, Minnesota law conflicts with the NFL's steroid-testing policy by giving an employee the right to explain a positive test and the right to seek independent confirmation of a positive result; by prohibiting testing for masking agents; by requiring specific certification of drug-testing facilities; and by prohibiting discipline of an employee for the use of a lawful consumable product during non-working hours, subject to bona fide occupational requirement.
By
Mark Maske
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November 4, 2009; 11:12 AM ET
| Category:
League
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Steroids
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Union
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Posted by: klhoughton | November 4, 2009 4:02 PM
"by giving an employee the right to explain a positive test and the right to seek independent confirmation of a positive result; by prohibiting testing for masking agents; by requiring specific certification of drug-testing facilities; and by prohibiting discipline of an employee for the use of a lawful consumable product during non-working hours, subject to bona fide occupational requirement."
Gosh, how EVIL of the state of Minnesota. Clearly something Congress needs to stop, since otherwise people might receive an actual Due Process procedure.