....When it comes to a system that has all the signs and words of being a legal system but actually is not then all sorts of abuses can occur....
....When it comes to a system that has all the signs and words of being a legal system but actually is not then all sorts of abuses can occur....
If you are registered as an athlete (that means anyone from a 9 year old to a vet) they can turn up to test you at any time (day or night at any venue around the world) without notice. However if you are not there they cannot then say you missed a test if they don't find you.mump boy wrote:What happened to athleted giving an hour a day for testers ? Why on earth would they 'turn up at work' ? can you name one instance of this happening ?
BigGut wrote:I can see where therre may be issues with the testers turning up at your work where you are not on ADAMS. If they tried it where I work they would be denied access to the building. If somebody worked as, for example a police officer then it may not be practical to sit around for 1 hour trying to pee.
That said, if the only place a tester knows that an athlete would be is their work they would have little choice but to use that site for testing them. Nobody seems to be saying that anybody has been tested at work, outside of ADAMS, and that would seem to back up the notion that it is an inefficient and undesirable method, because you don't know if the person will be able to be tested there.
I honestly cannot think of an alternative for non-ADAMS registered competitiors than allowing testing wherever the testers know they will be able to find the person, we have to give the testers half a chance of actually being able to test the athletes without notification. The only move that would seemingly make this unnecessary would be for everybody to be on ADAMS. Until that day we should probably leave the rules as they stand and trust that the testers will test whereveer they feel is most appropriate. It is afterall a small inconvenience to athletes who have nothing to hide.
TheRealSub10 wrote:If you are registered as an athlete (that means anyone from a 9 year old to a vet) they can turn up to test you at any time (day or night at any venue around the world) without notice. However if you are not there they cannot then say you missed a test if they don't find you.mump boy wrote:What happened to athleted giving an hour a day for testers ? Why on earth would they 'turn up at work' ? can you name one instance of this happening ?
If you are on out of competition testing register then you have 1 hour a day where you must be 'available' for testing. If they turn up during this one hour and you are not present or they cannot find you then you have missed a test. Watch the videos on the UKAD website for all the information. I know several examples of people in the UK being tested at work. In print there are a few in the book 'Positive' that blew the lid on Australia's doping programme before Sydney.
BigGut wrote:readtherules,
You ask what about testing at work if you are on ADAMS. Well since you are required to give an hour a day where you will be and can be tested then you need to ensure that if that hour is at work that you will be able to be tested. If that doesn't fit with your work then don't put down your 1 hour as during work time.
If you decide to put down an hour when you are at work it is up to you to ensure that you will be available and that your employer will allow the tester on site to be able to carry out the test. Simples!!!
readtherules wrote:BigGut wrote:readtherules,
You ask what about testing at work if you are on ADAMS. Well since you are required to give an hour a day where you will be and can be tested then you need to ensure that if that hour is at work that you will be able to be tested. If that doesn't fit with your work then don't put down your 1 hour as during work time.
If you decide to put down an hour when you are at work it is up to you to ensure that you will be available and that your employer will allow the tester on site to be able to carry out the test. Simples!!!
Fully agree,yes as far as you have gone it is "simples" but that was not my point.
But it seems you have still not concidered testing out of the one the hour.Adams requires you give all your whereabouts for all parts of the day.
jjimbojames wrote:readtherules wrote:BigGut wrote:readtherules,
You ask what about testing at work if you are on ADAMS. Well since you are required to give an hour a day where you will be and can be tested then you need to ensure that if that hour is at work that you will be able to be tested. If that doesn't fit with your work then don't put down your 1 hour as during work time.
If you decide to put down an hour when you are at work it is up to you to ensure that you will be available and that your employer will allow the tester on site to be able to carry out the test. Simples!!!
Fully agree,yes as far as you have gone it is "simples" but that was not my point.
But it seems you have still not concidered testing out of the one the hour.Adams requires you give all your whereabouts for all parts of the day.
You might want to tell them that - as they seem to disagree!
Athletes can easily enter their whereabouts information on ADAMS. Athletes are trained to use ADAMS by their IF or NADO, which were themselves trained by WADA. In addition, WADA offers a number of resources to users (user guides, etc.).
Athletes can update their whereabouts information at all times, including by emailing or text messaging their relevant ADO.
Under the revised International Standard for Testing which went into force on January 1, 2009, the limited number of top elite athletes included in the registered testing pool of their IF or NADO are required to specify 1 hour each day (between 6 a.m. and 11 p.m.) during which they can be located at a specified location for testing. If they are not at the indicated location at the specified time, they expose themselves to the risk of a missed test.
In addition, they are required to indicate their regular activities for testing purposes. This information does not have to cover every 24/7 movement of the athlete but only recurring or regular activities, for example:
Overnight home (address)
Morning training (address)
14:00 – 15:00: training (available for testing).
http://www.wada-ama.org/en/ADAMS/QA-on-ADAMS-/
In short, athletes don't need to give every minute of their day. If they put down certain places and times, they just need to stick to those, or tell them if different e.g. if going to a race rather than training, you can drop a text/email to tell them.
I don't even know why we're having this conversation - it all came out when TBO was going through her case. Athletes like Becky Lyne were on one or two, and so the process was highlighted. It's a part of being an athlete - if you don't read the rules, you are likely to break them and get punished.
It is not quite like that is it? Some British athletics organisations do not have rules. A BMAF athlete can read the WMA competition and IAAF rules. And yet get punished for insisting that his BMAF Team Manager follow them.jjimbojames wrote:...... It's a part of being an athlete - if you don't read the rules, you are likely to break them and get punished.
BigGut wrote:On the Wilson case. If she cannot explain, definatively, how the drugs got into her system then do you accept that she should be banned?
readtherules wrote:jjimbojames wrote:readtherules wrote:BigGut wrote:readtherules,
You ask what about testing at work if you are on ADAMS. Well since you are required to give an hour a day where you will be and can be tested then you need to ensure that if that hour is at work that you will be able to be tested. If that doesn't fit with your work then don't put down your 1 hour as during work time.
If you decide to put down an hour when you are at work it is up to you to ensure that you will be available and that your employer will allow the tester on site to be able to carry out the test. Simples!!!
Fully agree,yes as far as you have gone it is "simples" but that was not my point.
But it seems you have still not concidered testing out of the one the hour.Adams requires you give all your whereabouts for all parts of the day.
You might want to tell them that - as they seem to disagree!
Athletes can easily enter their whereabouts information on ADAMS. Athletes are trained to use ADAMS by their IF or NADO, which were themselves trained by WADA. In addition, WADA offers a number of resources to users (user guides, etc.).
Athletes can update their whereabouts information at all times, including by emailing or text messaging their relevant ADO.
Under the revised International Standard for Testing which went into force on January 1, 2009, the limited number of top elite athletes included in the registered testing pool of their IF or NADO are required to specify 1 hour each day (between 6 a.m. and 11 p.m.) during which they can be located at a specified location for testing. If they are not at the indicated location at the specified time, they expose themselves to the risk of a missed test.
In addition, they are required to indicate their regular activities for testing purposes. This information does not have to cover every 24/7 movement of the athlete but only recurring or regular activities, for example:
Overnight home (address)
Morning training (address)
14:00 – 15:00: training (available for testing).
http://www.wada-ama.org/en/ADAMS/QA-on-ADAMS-/
In short, athletes don't need to give every minute of their day. If they put down certain places and times, they just need to stick to those, or tell them if different e.g. if going to a race rather than training, you can drop a text/email to tell them.
I don't even know why we're having this conversation - it all came out when TBO was going through her case. Athletes like Becky Lyne were on one or two, and so the process was highlighted. It's a part of being an athlete - if you don't read the rules, you are likely to break them and get punished.
You have not dealt with those athletes who are not full time and do have jobs in the morning and afternoon.These parts of the day have to go on Adams.
jjimbojames wrote:readtherules wrote:jjimbojames wrote:readtherules wrote:BigGut wrote:readtherules,
You ask what about testing at work if you are on ADAMS. Well since you are required to give an hour a day where you will be and can be tested then you need to ensure that if that hour is at work that you will be able to be tested. If that doesn't fit with your work then don't put down your 1 hour as during work time.
If you decide to put down an hour when you are at work it is up to you to ensure that you will be available and that your employer will allow the tester on site to be able to carry out the test. Simples!!!
Fully agree,yes as far as you have gone it is "simples" but that was not my point.
But it seems you have still not concidered testing out of the one the hour.Adams requires you give all your whereabouts for all parts of the day.
You might want to tell them that - as they seem to disagree!
Athletes can easily enter their whereabouts information on ADAMS. Athletes are trained to use ADAMS by their IF or NADO, which were themselves trained by WADA. In addition, WADA offers a number of resources to users (user guides, etc.).
Athletes can update their whereabouts information at all times, including by emailing or text messaging their relevant ADO.
Under the revised International Standard for Testing which went into force on January 1, 2009, the limited number of top elite athletes included in the registered testing pool of their IF or NADO are required to specify 1 hour each day (between 6 a.m. and 11 p.m.) during which they can be located at a specified location for testing. If they are not at the indicated location at the specified time, they expose themselves to the risk of a missed test.
In addition, they are required to indicate their regular activities for testing purposes. This information does not have to cover every 24/7 movement of the athlete but only recurring or regular activities, for example:
Overnight home (address)
Morning training (address)
14:00 – 15:00: training (available for testing).
http://www.wada-ama.org/en/ADAMS/QA-on-ADAMS-/
In short, athletes don't need to give every minute of their day. If they put down certain places and times, they just need to stick to those, or tell them if different e.g. if going to a race rather than training, you can drop a text/email to tell them.
I don't even know why we're having this conversation - it all came out when TBO was going through her case. Athletes like Becky Lyne were on one or two, and so the process was highlighted. It's a part of being an athlete - if you don't read the rules, you are likely to break them and get punished.
You have not dealt with those athletes who are not full time and do have jobs in the morning and afternoon.These parts of the day have to go on Adams.
RTR, I could be wrong, but I find the fact that one part of the above says "available for testing" as perhaps illustrative that you could say where you work and then "unavailable for testing" (at that location) - testers would still have your details, but know to test you either at training or at home etc. Note it is only regular activities, not 24/7, so there is clearly some give there
readtherules wrote:I see your point.But if you are not training and only working then they would need to find you during the day.You could only be at home for sleeping times.The Adams ,like most of WADA ,was primary set up for full time athletes and or thosewho reside in training camps.Regular activities would clearly be work.However clearly some ambiguity.The earlier paper whereabouts did make specific ref to work.
BigGut wrote:My point is that you only need to give 1 hour per day and you were saying that people may only be at home when they sleep and may not be training.
Well you have to find ONE HOUR in every day when you will be somewhere you say you will and available for training. You don't need to put down your work address, you can be somewhere else for ONE HOUR a day. For most athletes at the ADAMS level they will be at training for ONE HOUR virtually every day. If they are on a rest period even better, they have even more free time to fit the ONE HOUR into.
If people don't want to be tested at work then don't put down an hour when you are at work. Thanks to the working time directive everybody in Europe should have plenty of time when they are not at work and can be availble for testing.
Can you please show the LAW that says that testers cannot appear for 20 days a year. Yet again you make an unsubstantiated claim that makes a giant leap from the supposed supporting evidence.
fangio wrote:He's clearly trying to play the card that the European Workign Time Directive means tha atheltees should have a rest day and 20 days holiday a year. However it was the legal opinion of Michael Beloff QC that the EU Workign Time Directive was irrelavant as the the drug testing procedure was a Health and Safety safeguard and therefore was nto subject to the Directive. It seems pretty clear that the Belgian athetes considering challenging the rules based upont eh Europena Workign |Time Directive did not do so, most probably because they were advised that as a helth and safety measure the tests are not subject to the directive.
It is clear the Belgians had littel understanding of the law, and that RTR is goign to bring up anythign regardless of whether it was completley erroneous, that he thinks he can pretend makes the rules illegal. They did not break the European Workign Time Directive, to suggest they did is incorrect.
fangio wrote:Beloff was asked by an ATHLETES group, so it is interesting that his legal opinion came down on the EWTD NOT being applicable, as this may not have been what they wanted to hear. It also makes the point that the rules do not break the privacy laws in themsleves, specifically refering to the Human Rights Act. Here is the link.
http://www.euathletes.info/uploads/medi ... ter__3.pdf
So clearly legal opinion by a leading QC in the UK (as well as previous cited ones from other cuntries and by one fo the Judges on the EHRC) is that the rules DO NOT break the law, glad we cleared that up, hopefully you can now stop pretending that they do.
BigGut wrote:readthrules,
You are clearly talking nonsense again. People are not tested by virtue of their employment status. Therefor testing does not relate to their job. Whether they are in full time employment in sport is irrelevant. If you are not paid by anyone to be an athlete then you can still be subject to testing, so testing is not an employment issue and is not subject to the working time directive.
So you cannot take a holiday from testing, you can take one from your job but testing still applies as it is not related to your job. You are not being tested because you are employed as an athlete, you are being tested because you are an athlete.
fangio wrote:RTR
It's cler that BElhoff was the one givng them the opinion, and that they have sumamrised it as such.
The legal opinion of a foreign expert was in the document to WADA YOU posted up previously, you chose to ignore it as it didn't fit your agenda.
The opinion of a Judge for the ECHR was itn eh same document, gain you ignore it as it doesn't fit yor opinion.
So every leagl opinion shown so far is that you are wrong.
If you awnat to know the law ask a QC or Judge, if you want to get an opinion backed by little (if any) udnerstanding of the law that contradicts it we shoudl all ask you. I know which I put my faith in, and it isn't you.
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