Mid-Atlantic Sees Significant Drop In Racing Fatalities Following Reforms

COVID-19 forced Thoroughbred racing into what was for most a two-month hiatus, but the stakeholders in the Mid Atlantic turned the down time into an opportunity to focus on its Strategic Plan to Reduce Equine Fatalities.

Regulators, racetracks, horsemen's and breeders' groups representing all seven states in the region – Delaware, Maryland, New Jersey, New York, Pennsylvania, Virginia, and West Virginia – committed to the Mid-Atlantic Strategic Plan to Reduce Equine Fatalities in 2019. Collectively, they have been working to adopt regulations, protocols and best practices to enhance the safety and integrity of the sport. Their efforts are having an impact. The equine fatality rate in the region has dropped from 1.78 per thousand starts in 2019, to 1.21 per thousand to date this year, a decrease of 33%.

The architects of the Strategic Plan, Thoroughbred Horsemen's Association Chairman Alan Foreman and New York State Equine Medical Director Dr. Scott Palmer, provided a progress report on the efforts of the Mid-Atlantic stakeholders Wednesday.

“It is heartening to see that the commitment and hard work of so many in the Mid Atlantic is bearing fruit,” Foreman said. “We have representatives from every faction of the Thoroughbred industry in the region at the table. Everyone has the chance to be heard and their specific issues considered. We are proud to say that, working together, we have been able to make significant advances on issues of medication reform and horse health.”

Dr. Palmer remarked, “In a climate of polarity and discord, the efforts in the Mid Atlantic serve as a shining example of what we can accomplish when we are united behind the cause of equine safety and welfare.”

Every state in the Mid Atlantic has adopted the following reforms:

  • A prohibition on NSAID “stacking” – the use of more than one NSAID the week of a race
  • Transfer of joint injection records for claimed horses
  • Necropsies on equine fatalities
  • Mortality Review Board
  • Voidable claim rules

Dr. Tim Parkin, a renowned epidemiologist from the University of Glasgow, released the findings of his latest study using data from The Jockey Club's Equine Injury Database in June, noting that those tracks that have instituted a void claim rule in the last 10 years saw a 27% decrease in equine fatalities for those races. The states in the Mid Atlantic have all implemented this additional layer of protection; claims are voidable at the discretion of the claimant if the horse is vanned from the track after the race or is observed to be lame prior to delivery to the new trainer.

Additional reforms have been implemented in all states except West Virginia, including:

  • 48-hour withdrawal time for NSAIDs
  • Enhanced penalties for NSAID overages
  • 14-day withdrawal for joint injections

The West Virginia Racing Commission considered legislation to adopt the new guidelines for NSAIDs and joint injections, but it ultimately was voted down by the Commission.

“We are disappointed that West Virginia remains an outlier in this area,” Foreman said. “Regulatory changes in the state must go through the legislature, which takes time, but we will continue to work with all parties to get this done.”

There is a strict prohibition on the use of bisphosphonates in all horses under the age of four throughout the region, with a total ban in place in Maryland and Pennsylvania. In May, the Mid Atlantic agreed to adopt restrictions on the use of thyroid supplements, now requiring that a horse be diagnosed with hypothyroidism through a thyroid releasing hormone stimulation test; the treatment plan must be reviewed and approved by the equine medical director or chief regulatory veterinarian in the state. In October, the group moved to restrict the use of clenbuterol. The new rule requires regulatory approval for treatment with clenbuterol, mandates that the horse be placed on the Veterinarian's List, and bars the horse from racing until it tests negative in both blood and urine and completes a satisfactory workout observed by a regulatory veterinarian.

In addition to the regulatory changes, the Mid Atlantic has approved Best Practices in a dozen areas, including:

  • Biosecurity
  • Crisis Management Communication
  • Equine Aftercare
  • Layoff Report
  • Pre-Race Inspections
  • Safety Officer
  • Shock Wave Therapy

Maryland led the charge on the mandatory Layoff Report, a standardized form that provides regulatory veterinarians with vital information for all horses that have not raced for 150 days or more, including the reason for the layoff, medication and joint injection records, and surgical reports. The Layoff Report has been fully implemented in Delaware, Maryland, Virginia and West Virginia, and is in process throughout the Mid Atlantic.

The most high-profile of this year's changes has been the crop rule. The stakeholders in support of the Strategic Plan created a Committee of 24 regulators and stewards to review the many proposals on the table. All interested parties were invited to participate, with the Jockeys' Guild providing significant input during a series of conference calls. A draft was approved during a presentation to more than 50 representatives of the region's racetracks, horsemen's groups and regulatory agencies.

The draft underwent one final review after the Kentucky Horse Racing Commission approved a rule June 19, and was modified once more to align with provisions in the Kentucky rule. Starting Aug. 1, the rule went into effect in Delaware and Maryland. Pennsylvania followed suit in October. West Virginia has begun the legislative process necessary to adopt it in 2021.

“Uniformity has been a hallmark of the efforts in the Mid Atlantic for more than a decade, going back to the ban on anabolic steroids in 2008,” Foreman said. “Our annual Regulatory meetings have grown year after year, with the focus expanding from medication and testing to include equine welfare and racing integrity. The crop rule is a natural extension of our efforts. We felt it imperative to have a consistent crop rule in every jurisdiction, and we made every effort to ensure that all stakeholders had the chance to weigh in on it.”

A 30-page Strategic Plan Manual, still a work in progress, has been created as a reference for all Mid-Atlantic jurisdictions. There is also a Horsemen's Guide to the Strategic Plan, providing an overview of the regulations and best practices that impact the day-to-day business of training Thoroughbred racehorses.

A second Guide outlines the Risk Factors that have been identified through Dr. Parkin's work with the Equine Injury Database and the Grayson-Jockey Club Research Foundation, which horsemen can use to assess their stable and modify care and treatment as necessary for horses at increased risk.

“From day one when concept of the Strategic Plan was first under discussion, this has been a collaborative effort, with all of our stakeholders focused on one thing – doing what is right by the horse,” said the Strategic Plan's Project Manager, Andy Belfiore. “The level of dedication and the amount of time and energy devoted to this initiative from all involved has been remarkable. It has taken a lot of work from the regulators and the state veterinarians, to racetrack's management teams, to the owners and trainers and jockeys, to get to where we are today.”

As the first phase of the Strategic Plan nears completion, the focus turns to the topics including the racetrack maintenance quality system; jockey health; the transfer of horse health records for all claimed horses; and continuing education.

Dr. Kelly Ryan of MedStar Horsemen's Health in Maryland worked with HeadCheck Health to develop a system that establishes concussion protocols for jockeys, as well as providing a HIPAA-compliant portal for jockey health information, and a communications network to ensure that all racetracks on the system are notified if there is an accident or injury affecting a jockey's status to ride. Maryland began a pilot program last fall, and Delaware Park enrolled its riders when racing resumed this spring. Additional jurisdictions are now working with HeadCheck to explore implementation, with the goal of having every Mid-Atlantic racetrack on the network by next year.

The Mid-Atlantic alliance unanimously approved a Continuing Education rule that will go into effect in 2021. Trainers and assistant trainers will have a year to fulfill the requirements, which include four hours annually of CE training, with a minimum of two hours to focus on equine health, safety and welfare. Fulfillment of CE requirements will be a condition of licensing in 2022 for all Mid-Atlantic states. New York already has a CE rule on the books, Maryland has begun the adoption process, West Virginia included it in its legislative package for 2021, and the remaining states have committed to adoption next year.

“New York has been a leader in many areas, including Continuing Education, but the Mid-Atlantic Strategic Plan is not about one jurisdiction calling the shots for the entire region,” Dr. Palmer concluded. “Working together, we have been able to reach consensus. We have right-minded people in the room who want to do the right thing, and we have a track record for getting things done. What we've accomplished is amazing, and we look forward to continued progress in the coming year.”

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The Friday Show Presented By Woodbine: Riding Crop Talk With Mike Smith

Mike Smith calls it his “last-ditch effort” to protect his fellow riders and the horses on which the sport depends. As a Hall of Famer, the all-time leading Breeders' Cup jockey and co-chair of the Jockeys' Guild, Smith, 55, is speaking out about restrictions on the use of the riding crop he believes are putting jockeys and horses at increased risk.

Smith has written to the California Horse Racing Board urging its members to reconsider changes recently put in place. And this week he joins publisher Ray Paulick and editor-in-chief Natalie Voss on the Friday Show to elaborate on those concerns.

“I'm all for change, and I'm all for helping,” Smith said of the need for some riding crop reforms. “I want to make sure the horse is as safe as possible, because the only time I'm safe is if the horse is safe. If I put that horse in any danger, guess who's next? I hit the ground right after he does. That's my life that's out there, not the spectators and not anyone else that's not on that horse's back.”

And that's the dilemma horse racing faces. Can the sport successfully tackle public perception issues related to the riding crop while still giving riders the tool they say they need to remain safe and to give horse owners and gamblers a fair and honest run for their money?

“As long as we can show that we're doing the best that we can, that we're keeping (the horses) safe, that we're not harming them, that it's protection for us as well, that's all we can do,” Smith said.

Watch this week's Friday Show below and let us know what you think on this subject.

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Mike Smith To CHRB: New Riding Crop Rule Putting Jockeys, Horses At Greater Risk

Hall of Fame jockey Mike Smith, co-chair of the Jockeys' Guild, has written a letter to California Horse Racing Board members on behalf of the Guild and California riders criticizing a restrictive riding crop rule that went into effect on Oct. 1 over concerns for the safety of horses and riders and the integrity of the sport.

The rule, CHRB 1688, restricts both the manner and frequency with which jockeys may use the riding crop. Under CHRB 1688:

  • The crop must be used in an underhanded position with the crop always at or below the shoulder level of the jockey.
  • A maximum of six strikes with hands off the reins is permitted during a race; not more than twice in succession.
  • There is not a limit on the number of times a jockey may strike a horse on the shoulder while both hands are on the reins, and “flagging” a horse is permitted.

Smith said the rule “to restrict the use of the riding crop to the underhand position … is completely against the technique that every jockey has been taught on the proper use of the riding crop. It is contrary to our instincts and techniques, which in turn is impacting our balance and reaction time. We strongly believe that regulation is extremely hazardous and has added an even greater risk and uncertainty to our profession.”

He also voiced the concerns of riders for racing integrity, saying, “In multiple races over the weekend, jockeys were limited in the encouragement they were able to give the horses, which in turn impacted the outcome of the race and jockeys were unable to maximize placing of the horses.”

Following is the full text of the Oct. 8 letter from Smith to members of the CHRB, a copy of which was obtained by the Paulick Report:

——————————————————–

Dear Members of the California Horse Racing Board

Please accept this letter on behalf of the Jockeys' Guild and all of the jockeys in California. I am writing to you, as well as copying Gov. Gavin Newsom, Sen. Bill Dodd, and Asm. Adam Gray, in yet another effort to express the concerns of the California jockeys regarding CHRB 1688 Use of the Riding Crop, which went into effect on October 1, 2020.

Since the consideration to the changes to the Use of the Riding Crop regulations were introduced, we have voiced various reasons for opposition, including our concerns about safety and the integrity of the sport. In the weeks leading up to the implementation, there were several meetings with the riders at Santa Anita, Golden Gate, and Los Alamitos, including both the Thoroughbred and Quarter Horse jockeys, in which we had discussions on how to move forward.

After the jockeys have attempted to comply with CHRB 1688 this weekend, our concerns have been reiterated and we strongly believe that more than one of us will suffer a serious injury, or even possibly death, from your new rule 1688, which has never been used in the United States, or anywhere else for that matter. In light of the fact that one of our fellow jockeys, Vinnie Bednar, was recently paralyzed in a racing accident at Los Alamitos, the risks are fresh in our minds. And now, you have implemented regulations, that many people, including jockeys, owners, and trainers, believe have created even more safety hazards. The reality is we are very alarmed about the lack of concern for our safety and well-being. Furthermore, not only do we have a concern for our own welfare, but also have grave concerns about the risks being created for the horses.

The CHRB stated the intent is to improve the safety and welfare of the horses with the restrictions on the use of the riding crop. However, as Senator Dodd stated regarding his recently passed racing reform legislation in California, “the goal is to improve the safety of HORSES AND JOCKEYS.”

Unfortunately, historically jockeys have not had a voice and have been considered a lower aspect of racing, both socioeconomically and politically, often times due to race and lack of education. With regards to the Use of the Riding Crop in California it seems this has continued to be the case. We have attempted to participate in the rule making process and provide input based on our professional knowledge and experience. However, for whatever reason, our concerns were not given credence. Even though, the reality is, we are the people who are risking our lives, balancing on the balls of our feet, in a very narrow stirrup, going 35-50 miles per hour on a 1,200 pound horse, surrounded by other jockeys who are doing the same thing.

To restrict the use of the riding crop to the underhand position, as you have currently imposed, is completely against the technique that every jockey has been taught on the proper use of the riding crop. It is contrary to our instincts and techniques, which in turn is impacting our balance and reaction time. We strongly believe that regulation is extremely hazardous and has added an even greater risk and uncertainty to our profession.

Furthermore, to change to specifications of the actual crops we are using, adds to the difficulty of the regulation that is being imposed. The jockeys feel that the use current cushioned riding crop is safer for the equine athlete and does not compromise the horse's welfare. We were actively involved in the refinements and the adoption of the current riding crop to reduce the impact to the equine athlete. When the current cushioned riding crop was introduced, it was strongly encouraged that the horses be subject to inspection by a veterinarian, either regulatory or official, looking for cuts, welts, or bruises on the skin, with any adverse finding being reported to the Stewards. Over the past ten years, when the approved cushioned riding crops were used in the appropriate manner, the welts and cuts have almost been completely eliminated. With that being said, we are supportive of any improvements that can be made to the existing riding crop to create an even more humane crop.

However, any rule making on the composition of the crop must be done in a thoughtful manner after research and input and considerations from the jockeys.

In addition to the increased dangers, there has also been a serious impact on the integrity and outcome of the races. In multiple races over the weekend, jockeys were limited in the encouragement they were able to give the horses, which in turn impacted the outcome of the race and jockeys were unable to maximize placing of the horses. The owners, along with the betting public, both of whom are the driving force behind our sport, were not afforded every possible opportunity maximize return on their investment.

Given the penalties and perils you have created, you are imposing great pressures on the jockeys, to the extent that some are considering leaving California to ride in jurisdictions which are still allowing for reasonable and responsible use of the riding crop. My home, along with several other jockeys, many of whom are Latino, is in California. We do not want to be forced to leave. However, the fear of grave injury and the unreasonable penalties are making many of us reconsider continuing to ride in California.

As the Guild and the jockeys have continued to say the ultimate goal is to establish a standard that is in the best interest of the welfare of the horse, as well as the industry as a whole, including those whose lives are at stake. However, we believe that the new CHRB rule, as adopted, is  actually unsafe and will be detrimental to our industry. As such, we are pleading and implore you to reconsider the changes that have been rushed through without thorough consideration of the dangerous implications you have created for us, as well as the horses.

Sincerely,

Mike E. Smith

Co-Chair, Jockeys' Guild

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Parx Jockey Caballero Suspended 10 Days For Striking Horse After Finish Of Race

Jockey Hector J. Caballero has been suspended 10 days for “misuse of the riding crop” after the finish of a race at Parx Racing in Bensalem, Pa., on July 27.

Caballero, aboard Belongs to Babe in the 10th race for maiden fillies and mares, 3 and up, raised his right arm over his head and struck his mount in the neck with the riding crop as he was pulling her up after crossing the wire in second place. Belongs to Babe, a 4-year-old Musket Man filly making her second career start, was awarded the win via disqualification after the first-place finisher, Solid Gold Dancer was judged to have impeded the filly who finished third.

Pennsylvania State Hosre Racing Commission stewards conducted a hearing with Caballero on July 30 and issued a ruling on Aug. 3. The suspension is to run from Aug. 6-15.

Stewards said Caballero was in violation of 7 Pa. code section 305.291 (D), 305.293(A)(2) and 185.2.

Section 305.291 (D). Use of a riding crop, states: The riding crop shall be used during a race for safety, correction and encouragement of the horse in an appropriate, proportionate and professional manner, taking into account the rules of racing herein. The stimulus provided by the use of the riding crop shall be  monitored by the Stewards at all times so as not to compromise the health, safety and welfare of the horse.

Section 305.293 (A)(2). Prohibition, states: Prohibited use of the riding crop includes but is not limited to striking a horse: During the post parade or after the finish of the race except when necessary to control the horse.

Section 185.2. Conduct of licensee, states: A licensee shall not, alone or in concert with another person, engage in inappropriate, illegal or unethical conduct which violates the Commission's rules and regulations of racing, is inconsistent with the best interests and integrity of racing or otherwise undermines the general public's faith, public perception and confidence in the racing industry.

The Pennsylvania State Horse Racing Commission is in the process of approving rules previously adopted in Maryland and Delaware restricting a jockey to six strikes – and no more than two in a row – from the quarter pole to the finish of a race.

Cabellero's actions were brought to the attention of the Paulick Report, which posted the following video on Twitter.

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