Pilot FUIs: A Better & Safer Solution
 

A Case Of A Pilot FUI — The Rules Caught Him; The System Might Have Done Better & Been Safer
By Sandy Murdock, Former FAA Chief Counsel and Former FAA Acting Deputy Administrator
JDA Journal

http://i0.wp.com/jdasolutions.aero/b...size=750%2C311

According to this article, an airline pilot “retired” after he was tested for alcohol and before his employer terminated him. While the regulatory net worked when he was tested “randomly,” his career might not have come to an end, if one of his colleagues had taken the courageous step of intervening.

The Omnibus Transportation Employees Testing Act of 1991 and by DOT and FAA regulations (49 CFR part 40 and 14 CFR part 120) mandated that pilots and other safety-sensitive airline employees be tested for drug and alcohol. The program is supported by Secretary of Transportation Foxx’s strong statement of its importance. Technically, the regulatory net worked; for an air carrier’s representative administered a “random” test.

http://i1.wp.com/jdasolutions.aero/b...size=385%2C501

That regulatory regime places an obligation on the airlines to initiate pre-employment, periodic/random, post-accident, reasonable cause testing, return-to-duty and follow-up (14 CFR §120.109). The regulations (§120.105) also define all of the specific positions subject to this testing.

According to the article, the pilot was “randomly” selected for the test, which he failed. His employer removed him from flight eligibility. He resigned and the airline terminated him for cause—flying while intoxicated and then the US Attorney filed criminal charges against this individual.

Flight crews typically spend a lot of time together during their schedules. They stay at the same hotel (provided by the airline), frequently eat together and take ground transportation to/from the airport as a group. The pilots are in close proximity in a tight cockpit; they share the responsibilities of manipulating the controls, communicating with ATC, going through checklists and breathing the air in that small space.

http://i0.wp.com/jdasolutions.aero/b...size=503%2C338

Any or all of these events should provide the other pilot, for sure, and the cabin crew, possibly, with an opportunity to detect that an individual is under the influence. Yes, it takes a certain amount of interpersonal courage to challenge a co-worker about alcohol consumption. Even more intestinal fortitude, to get on a plane with a pilot whom you have reasonable basis to suspect that (s)he is not in a state to perform the duties required.

The story states that this individual flew more than one leg of the itinerary. If someone had detected the problem earlier and had persuaded the pilot to enter the Employee Assistance Plan, as required by (§120.115), the pilot may have been permitted to continue to fly after a successful completion of a recovery program. The likelihood of an intervention strategy should have been part of the airline EAP education administered to every employee. As to supervisors, the training is both initial and recurrent.

The designed regulatory system caught this person. A more benign approach might have saved this individual’s career and likely avoided a criminal record. There is a mandatory EAP and one which focuses on root problems and solutions. Those words are reminiscent of the FAA’s safety program and a holistic approach is needed for alcohol & drugs and mental health.

A professional boozer might be very good at hiding it, may have been doing so for a long time. Maybe a very long time. This guy has the hallmarks.

Even possible the guy was drinking on the job, I think likely in this case...his BAC has remarkably high for someone who had been at work for that many hours.

Either he totally pickled himself the night prior, ie drank until the horizon started to glow, or was feeding a buzz all along.

Maybe the test wasn't really random; rather the company protected the informant. In my experience random tests on overnights are extremely rare. Usually they're at the end of a trip...where they don't interfere with or delay flight ops. That's just two places I've worked at, maybe other companies are different.

Rickair is correct - the guy had a 0.14 or so, which is typically around 6-8 standard drinks. It may be hard to detect, from seeing lots of people who are quite skilled alcoholics in the ER even doing an exam sometimes can be missed. Probably would have clear speech and could hide with other scents.

That being said, usually "everybody" knows who the boozers are through the grapevine. I know who is a drinker at my hospital. it is just hard to hide. I'd never condone or look the other way if anybody came in drunk before a case or clinic though, nor would I hope any of you would.

Tell them to call in sick, and seek help. If the problem came back or they tried again, then tough love would be in order.

Many alcoholics are surprisingly high-functioning.

^^^^^^
this!

I do see attitudes changing with the College Grads about Marijuana use.

They're rationalization is that, "The laws are rapidly changing and now getting less strict by the day"

I then ask them if they'd be willing to give up their 2nd amendment rights forever.

They'd respond in the negative.

I then remind them that use of marijuana, (either with a State Medical Card or by legal use via State law), will automatically make that user a prohibited possessor of firearms per Federal Law.

http://www.nssf.org/share/PDF/ATFOpenLetter092111.pdf

This usually changes their attitudes.

Just check no...


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