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MLB, MLBPA announce stronger testing, harsher penalties for PEDs

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In the wake of the Biogenesis scandal and Alex Rodriguez’s subsequent 162-game suspension, Major League Baseball and many of its players have called for tougher drug testing and harsher suspensions for violations of baseball’s drug policy.

They just got it.

Major League Baseball and the MLBPA have announced that they have reached agreement on changes to the drug testing program which enhance testing procedures and increase penalties for taking PEDs.

The enhanced testing procedures

  • The number of in-season random urine collections will more than double beginning in the 2014 season, from 1,400 total tests to to 3,200;
  • Blood collections for hGH detection will increase to 400 random collections per year, in addition to the 1,200 mandatory collections conducted during Spring Training;
  • Carbon Isotope Ratio Mass Spectrometry tests will be randomly performed on at least one specimen from every player. Basically, this is an enhanced analysis of blood samples which are considered more effective in detecting hGH in blood and are tests endorsed by the World Anti-Doping Agency.

The enhanced punishment

  • A first-time violation of the Joint Drug Program will now result in an unpaid 80-game suspension, increased from 50 games.  A player’s second violation will result in an unpaid 162-game suspension, increased from 100 games.  A third violation will result in a permanent suspension from Baseball.
  • A suspension of 162 games will result in 183 days worth of pay docking, to account for the fact that players are paid baed on a 183-day schedule as opposed to being paid per game. This was implemented in reaction to Alex Rodriguez still receiving some pay this year despite a 162-game ban.
  • Every Player whose suspension for a performance-enhancing substance is upheld will be subject to six additional unannounced urine collections, and three additional unannounced blood collections, during every subsequent year of his entire career.

MORE: To read the full summary of the MLB-MLBPA joint drug program modifications, click here

There are also some advantages to players under the new system. Specifically, if a player tests positive, he can argue to an arbitrator that his use of PEDs was not intended to enhance performance. This changes things from the “zero tolerance” policy which previously existed and under which someone faced first-time discipline even if their PED use was accidental.

Additionally, the league and the union are creating a safe harbor of sorts: they have established a program in which players will have year-round access to supplements that will not cause a positive test result. This should reduce confusion on banned over-the-counter substances and reduce the use of the “I got this from GNC and thought it was OK” defense many have raised in the past.

Many anti-doping experts already viewed Major League Baseball as having the toughest drug testing regime in all of U.S. team sports. This only increases baseball’s lead in this regard.

It does, however, present some reasons for concern. As we at HBT argued this morning, the playoff ban for those players who tested positive and have already served their entire suspensions seems somewhat draconian and will result in harsher penalties for players on winning teams than those on losing teams. It also punishes innocent players on playoff teams in ways the previous system did not before. Moreover, merely adding games to first and second offenses may make everyone feel like the system is tougher, but it must not be assumed that the same basic incentive to cheat — if a player can get away with it, it could mean millions of dollars — will always persist. We execute murderers yet murder still occurs.

At the same time, the strengthening of the drug testing procedures and the implementation of the supplement supplies is most welcome. If the players in the Biogenesis investigation had been caught via testing, no one would have thought of that episode in baseball as a particularly black mark and a year’s worth of bad publicity and litigation would not have been necessary. The best way to cut down on PED use in baseball is to catch the guys who cheat, not to try to make up for testing failures with harsh rhetoric and tactics after the holes in the drug testing system are exposed.

Either way, this is a significant increase in the strength of the drug testing program and will likely be met with overwhelming praise by players, fans, the media and the clubs.

Jake Peavy is having a bad go of things right now

SAN FRANCISCO, CA - MAY 25: Jake Peavy #22 of the San Francisco Giants pitches against the San Diego Padres during the first inning at AT&T Park on May 25, 2016 in San Francisco, California.  (Photo by Jason O. Watson/Getty Images)
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Veteran hurler Jake Peavy has not signed with a team. It’s not because he’s not still capable of being a useful pitcher — he’s well-regarded and someone would likely take a late-career chance on him — and it’s not because he no longer wishes to play. Rather, it’s because a bunch of bad things have happened in his personal life lately.

As Jerry Crasnick of ESPN reports, last year Peavy lost millions in an investment scam and spent much of the 2016 season distracted, dealing with investigations and depositions and all of the awfulness that accompanied it. Then, when the season ended, Peavy went home and was greeted with divorce papers. He has spent the offseason trying to find a new normal for himself and for his four sons.

Pitching is taking a backseat now, but Peavy plans to pitch again. Here’s hoping that things get sorted to the point where he can carry through with those plans.

The AT&T Park mortgage is paid off

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This is fun: The San Francisco Giants recently made their last payment on the $170 million, 20-year loan they obtained to finance the construction of AT&T Park. The joint is now officially paid for.

The Giants, unlike most other teams which moved into new stadiums in the past 25 years or so, did not rely on direct public financing. They tried to get it for years, of course, but when the voters, the city of San Francisco and the State of California said no, they decided to pay for it themselves. They ended up with one of baseball’s best-loved and most beautiful parks and, contrary to what the owners who desperately seek public funds will have you believe, they were not harmed competitively speaking. Indeed, rumor has it that they have won three World Series, four pennants and have made the playoffs seven times since moving into the place in 2000. They sell out routinely now too and the Giants are one of the richest teams in the sport.

Now, to be clear, the Giants are not — contrary to what some people will tell you — some Randian example of self-reliance. They did not receive direct public money to build the park, but they did get a lot of breaks. The park sits on city-owned property in what has become some of the most valuable real estate in the country. If the city had held on to that land and realized its appreciation, they could flip it to developers for far more than the revenue generated by baseball. Or, heaven forfend, use it for some other public good. The Giants likewise received some heavy tax abatements, got some extraordinarily beneficial infrastructure upgrades and require some heavy city services to operate their business. All sports stadiums, even the ones privately constructed, represent tradeoffs for the public.

Still, AT&T Park represents a better model than most sports facilities do. I mean, ask how St. Louis feels about still paying for the place the Rams used to call home before taking off for California. Ask how taxpayers in Atlanta and Arlington, Texas feel about paying for their second stadium in roughly the same time the Giants have paid off their first.