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    Home / Drug Testing Guides / Jockey Drug Testing: State Racing Commission Rules

    DRUG TESTING GUIDE · FROM THE ASC TEAM

    Jockey Drug Testing: State Racing Commission Rules

    Jockey Drug Testing: State Racing Commission Rules

    Jockey drug testing is one of the more misunderstood corners of workplace drug policy because two very different programs sit side by side at every racetrack. One program tests the horse. The other tests the human beings who ride, train, and officiate. People often assume a single federal law covers both, and it does not. Jockeys, exercise riders, and other licensed racing personnel are tested under rules written and enforced by state racing commissions, not under a federal workplace testing statute like the one that governs truck drivers or airline pilots.

    This post covers how that state based system works, why HISA is not the agency testing jockeys, what a typical race day testing routine looks like, and how tracks and training centers buy and run the equipment behind it.

    Two separate programs: horse medication control and human drug testing

    The Horseracing Integrity and Safety Authority, usually called HISA, was created to bring uniform anti doping and medication control rules to the racehorses themselves, operating under oversight from the Federal Trade Commission. HISA's enforcement activity and rulemaking record is tracked in the Horseracing Integrity and Safety Act, 15 U.S.C. chapter 57, and that record is almost entirely about equine samples, withdrawal times for medications given to horses, and trainer responsibility for what shows up in a horse's blood or urine. It is not a human workplace drug testing program and it does not set the rules for testing jockeys, grooms, or racing officials.

    Human drug and alcohol testing of licensed racing personnel is handled separately by each state's racing commission or gaming commission, as part of its authority to license and regulate everyone who works on the grounds of a licensed racetrack. That authority comes from state statute and from the commission's own administrative rules, not from a federal mandate. Panel composition, testing triggers, and penalties can differ from one jurisdiction to the next, so an employer or track operator should always confirm the current rule text with the commission that licenses its meet rather than assume another state's rule applies.

    How state racing commissions structure jockey testing

    Three state commissions illustrate how this plays out in practice. Each publishes its own rules and licensing requirements directly on its state government website.

    • The California Horse Racing Board licenses jockeys, trainers, and other racing participants and maintains the authority to require drug and alcohol testing of licensed persons as a condition of holding a license to participate at a California meet.
    • The New Jersey Racing Commission oversees thoroughbred and harness racing in the state and sets licensing and conduct rules for jockeys, drivers, and other participants under its jurisdiction.
    • The Kentucky Horse Racing Commission regulates racing within the state, including licensing standards and conduct rules that apply to jockeys and other racing personnel at Kentucky tracks.

    Across jurisdictions like these, the common structure looks similar even where specific thresholds differ. A jockey holds a state issued license to compete, and that license comes with conditions, almost always including a drug and alcohol policy enforced by the commission's stewards, the officials who oversee the conduct of racing on a given day. Stewards, not a court or a private employer's human resources department, typically decide how a positive result or a refusal is handled. The available consequences usually run through the licensing system itself: a fine, a suspension, or a license revocation handled through the commission's own administrative hearing process rather than a civil lawsuit.

    Pre race breath alcohol testing

    A distinctive feature of racing testing, compared with a typical workplace program, is pre race breath alcohol screening. Because a jockey is about to ride a half ton animal at speed in close quarters with other riders, many racing jurisdictions build an alcohol check into the pre race routine itself, checking a rider's breath alcohol level before they are permitted to mount and compete that day rather than waiting for a scheduled or random draw later in the week. The exact cutoff and the exact point in the day's schedule where the check happens is set by each commission's rule, so an operator should pull the current rule from its own state commission rather than assume a number used in another state.

    Tracks that run this kind of same day screening need equipment that produces a fast, reliable reading at the gate or in the jockeys' room. A handheld or desktop breathalyzer is the standard tool for that pre race check, and tracks that also need documentation grade alcohol screening for licensing or post incident purposes often pair a breath device with alcohol test strips and dip cards for a secondary or confirming check.

    Urine panels for licensed personnel

    Beyond alcohol, state commissions also test for drugs of abuse in urine, and here again the panel composition is set at the state level. A commission rule will typically authorize testing on a random basis, before a race day, or for cause, and may extend to trainers, grooms, and other licensed personnel in addition to jockeys, depending on how broadly the state defines who holds a racing license. Because the specific substances on a given commission's panel can vary, a track running its own screening program, separate from any sample the commission itself collects, usually wants a broad spectrum rapid panel on hand rather than a narrow one built for a single substance.

    Multi panel 5 panel drug test cups cover the drug classes most commissions care about first, and tracks that want a wider screen for licensing or for cause testing often step up to a broader rapid drug screening kit that adds classes beyond the basic panel. Facilities that prefer a dip format rather than an integrated cup, for example when a sample is collected into a separate container first, commonly stock urine drug test dip cards for the same purpose.

    A rapid result from any of these devices is a screening result, not a final legal or licensing determination. A nonnegative screen is a reason to send the specimen to a certified laboratory for confirmation, and any commission rule that ties testing to a license action will specify how that confirmation step works, including whether the licensee has a right to request a split sample or a retest. This two step model, rapid screen followed by lab confirmation on anything nonnegative, mirrors the structure used across workplace drug testing generally and is the structure the Substance Abuse and Mental Health Services Administration describes in its workplace drug testing program guidance.

    Comparing the two systems that confuse people most

    Feature HISA (equine medication control) State racing commission (human testing)
    What is tested Racehorses, blood and urine samples, medication and withdrawal rules Jockeys, trainers, and other licensed people, urine panels and breath alcohol
    Governing authority Federal, operates under Federal Trade Commission oversight State statute and the commission's own administrative rules
    Who enforces results HISA's own enforcement and hearing process for equine anti doping rule violations State stewards and the commission's licensing hearing process
    Typical consequence Horse disqualification, trainer responsibility findings, program level penalties License suspension, fine, or revocation handled by the commission
    Is it a federal workplace drug law No, it does not test or regulate human racing personnel No single federal law requires this, each state sets its own rule

    It is worth stating plainly what jockey testing is not. It is not a Department of Transportation testing program, and the federal rule that governs DOT regulated safety sensitive transportation employees, found in the Department of Transportation's own regulation at 49 CFR Part 40, does not apply to jockeys. That rule covers categories like commercial drivers, aviation personnel, and pipeline workers under their own federal statutes. A jockey's testing obligation comes from the state racing commission that issued the jockey's license, and from that commission's own rule book, not from Part 40 or from any general federal drug free workplace statute. An employer, trainer, or track that wants to know exactly what is required should read its own state commission's current rules rather than assume a federal standard fills the gap.

    How tracks and training centers buy and run testing

    In practice, a lot of the day to day testing infrastructure around a track, outside of whatever samples the commission itself collects for licensing purposes, is built and paid for by the track or training center as part of its own safety and employment screening program for backside workers, grooms, exercise riders, and other staff who are not always captured by the commission's own licensing test. These programs commonly combine a pre employment screen for new hires with periodic or random testing for existing staff, using the same rapid cup, dip card, and breathalyzer tools used across other high risk workplaces.

    A training center or stable operation setting up its own program generally wants a few things on the shelf: a multi panel urine cup for routine screening, dip cards for staff who prefer a simpler collection step, and a breathalyzer for same day alcohol checks before work begins. Facilities that want a single supplier covering all of that for a sports and racing environment can review a dedicated athletic and sports drug testing program lineup built around exactly this kind of mixed workforce. None of this replaces or substitutes for whatever testing the licensing commission itself requires. It sits alongside it, as the track or training center's own employment based program for the staff it directly employs.

    Programs like this also benefit from reading on how other sports organizations structure testing for fair play and safety, which is covered in more detail in our related post on how sports organizations use drug testing to ensure fair play. Many of the licensing and stewarding concepts that apply to racing also show up in other state licensed occupations, which our post on casino dealer drug testing and gaming licenses walks through for a comparable licensed, regulated workforce.

    Who is actually covered, and why that varies

    A common question is whether every person on the backside of a track, from a hot walker to a veterinarian, falls under the same testing rule as a jockey. That depends on how each state commission defines a licensee and which categories of license its testing rule reaches. Some commission rules reach broadly across every category of occupational license the state issues for racing, while others focus more narrowly on jockeys, drivers, and trainers. A track or employer should not assume a category is covered or excluded without checking the current rule published by its own commission.

    Post incident testing is another area where the trigger varies by jurisdiction. Many commissions reserve the authority to order testing after a spill, a riding infraction, or a safety incident on the track, at the stewards' discretion, as part of their broader authority to investigate conduct during a race meet. The exact standard for ordering that kind of test is set by rule in each state and is not uniform nationally.

    Frequently asked questions

    Does HISA drug test jockeys?

    No. HISA's anti doping and medication control authority, operating under Federal Trade Commission oversight, governs racehorses and the people responsible for their care, not human drug testing of jockeys. Testing of jockeys and other licensed personnel is handled by state racing commissions.

    Is there a federal law that requires jockey drug testing?

    No single federal workplace drug testing statute covers jockeys the way the Department of Transportation's rule covers commercial drivers or airline personnel. Jockey testing comes from state statute and from each racing commission's own administrative rules, which is why requirements vary by state.

    What does a typical state racing commission test for?

    Programs generally combine pre race breath alcohol checks with urine panels covering common drugs of abuse, though the exact panel, cutoffs, and testing triggers are set individually by each commission and should be confirmed against the current rule for that state.

    Who decides the consequence of a positive result?

    Stewards and the racing commission's own administrative hearing process generally handle the consequence, which can include a fine, a suspension, or a license revocation. This is a licensing action, not a criminal court proceeding.

    Can a track test its own backside staff separately from the commission?

    Yes. Many tracks and training centers run their own pre employment and periodic testing program for grooms, exercise riders, and other staff, using the same rapid screening tools used in other workplaces, in addition to whatever the licensing commission requires of licensed jockeys and trainers.

    Does a rapid urine or alcohol screen produce a final result?

    No. A rapid screen is a preliminary result. A nonnegative screen should be sent to a certified laboratory for confirmation before any licensing or employment decision is finalized, consistent with the two step screen and confirm model described in SAMHSA's workplace testing guidance.

    This article is general information for employers and racing industry operators, not legal advice. Drug and alcohol testing rules for jockeys and other licensed racing personnel vary by state and are set by each racing or gaming commission. Confirm current requirements with the commission that licenses your meet before adopting or changing a testing policy.

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