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For NASCAR, New Drug Testing Policy
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After that, drivers, crew members and NASCAR officials with race-day duties will be tested randomly at the track. Anyone who refuses will be regarded as having failed the test, O'Donnell said.
In addition, NASCAR retains the right to test under its "reasonable suspicion clause."
That's essentially how NASCAR's drug testing policy worked the last 20 years, introduced in the late 1980s when officials suspected that one of driver, the late Tim Richmond, was abusing drugs.
Richmond later died of an AIDS-related illness. But NASCAR barred him from the sport during his illness, citing a bogus drug test result. Richmond later filed suit, and the terms of the settlement were never disclosed.
Since then, NASCAR has maintained that it tests drivers when there is "reasonable suspicion," but several drivers have said they've never been tested.
Drivers themselves called for a tougher testing program after truck-series racer Aaron Fike, then 24, was arrested in 2007 and charged with heroin possession. Fike later disclosed he had competed with heroin in his system.
Gordon, in fact, instituted his own drug testing policy as owner of an off-road race team in 1999. Now owner of a NASCAR team, as well, Gordon won't hire anyone unless they have passed a drug test.
"We're racing cars," said Gordon, "but if you really want to think about it, we're flying airplanes -- no different than the [Federal Aviation Administration]. What NASCAR is trying to do, I believe, is make sure we're a clean sport and that everybody knows we're a clean sport. It's an honor to be in NASCAR. And I think all the employees and all the teams that are here should look at in the same way: as a privilege."
Should the sweeping policy be tested in court, David Black, president of the Aegis laboratory, said he felt confident that NASCAR could mount an effective defense, give the enormous stakes of auto racing.
"I believe that is a very defensible program," Black said by telephone. "If we put forward our reasoning and arguments, we will prevail."
