OAR 462-130-0005: 462 130-0005 Random or Reasonable Suspicion Drug And Alcohol Testing And Impairment Standard

(1) Purpose. The Commission adopts this rule to safeguard the health and safety of human and equine athletes and the public by deterring and detecting impairment among persons who handle or mount horses under Commission jurisdiction. (2) Applicability. This rule applies to any licensed or credentialed person who will handle or mount a horse on grounds under Commission jurisdiction, including but not limited jockeys, trainers, assistant trainers, starters, assistant starters, outriders, exercise riders, grooms, treating veterinarians, and handlers. (3) Prohibitions and Impairment Standard. No licensed person may perform duties described in section (2) while impaired by any substance -controlled or non-controlled—that diminishes capability, judgment, coordination, reaction time, balance, situational awareness, or alertness. (a) Impairing substances include, but are not limited to: (A) Alcohol at or above a Blood alcohol Content of.02; (B) Any controlled substance as defined in ORS 475.005, unless used pursuant to a valid prescription and not impairing the individual’s performance; (C) Any prescription medication that impairs safe performance; (D) Any over-the-counter medication (such as antihistamines, cold medicines, sleep aids) known to cause drowsiness, dizziness, delayed reaction, or other performance-impacting effects; (E) Inhalants, solvents, aerosols, or any chemical agent capable of altering perception or motor function. (b) Lawful cannabis or psilocybin use off-duty does not exempt an individual from discipline if the person is impaired while performing duties. (c) Determinations of impairment may be based on testing, direct observation by Stewards or other Oregon Racing Commission officials, medical review, or a combination of these. (4) Random or Reasonable Suspicion Selection Program. The Stewards and/or Investigators may require licensees to undergo testing during race meets, training sessions, or while performing official duties under the Commission jurisdiction, either by: (a) Random selection in accordance with the current program; No individual may be randomly selected more than three (3) times during a single race meet, providing the individual has not had a prior positive during the current season. (b) Reasonable suspicion selection, based on observable or documented factors indicating possible impairment or rule violations. (A) A licensee may be selected at any time while on Commission grounds if there is reasonable cause to suspect impairment. (B) Factors that may establish reasonable suspicion include, but are not limited to: (i) Observable physical or emotional impairment (ii) Involvement in on-track incidents or accidents resulting in injury or near injury (iii) Unexplained or repeated rule violations (iv) Behavior detrimental to racing or performance anomalies (v) Information from law enforcement, other jurisdictions, or racing authorities (C) Reasonable suspicion determinations must be documented in writing and approved by a steward, and/or Oregon Racing Commission investigator. (5) Testing Methods and Chain of Custody. (a) Alcohol Testing: Blood Alcohol Content testing shall use commission approved devices and methods, with instruments certified for accuracy at required intervals. (b) Drug Testing: (A) Drug screening may be conducted by: Oral-fluid (saliva) screening devices that are approved by the Oregon Racing Commission; or Urine specimens. (B) Oral-fluid screening: Must be administered by Oregon Racing Commission individuals trained per manufacturer instructions. (C) All records, chain-of-custody documentation, and testing data must be maintained in accordance with Commission standards. (6) Refusals and Failures. A refusal, sample adulteration, or failure to appear for testing is treated as positive and results in immediate suspension pending the steward hearing. Additional discipline may be imposed following a hearing. (7) Medical Disclosure and Review. The steward or Oregon Racing Commission Investigators may request documentation of prescription or over-the-counter medications. No adverse action will be taken for medications taken as prescribed unless impairment exists. (8) Confidentiality. All testing information shall be safeguarded, consistent with ORS 192.553 and applicable federal privacy protections. (9) Hearings and Appeals. Except for immediate suspension for safety, no disciplinary action shall be imposed without notice and opportunity to be heard under Commission procedures. (10) Enforcement. Violations of this rule are grounds for suspension, fines, or other discipline under ORS Chapter 462.