Taboo Aviation Question FAR135/121

[pullmyfinger]

Hmmm

You were really wasted when you wrote that weren't you?

Yoo were reely wated when you rote...

 

[ThomasR]

You were really wasted when you wrote that weren't you?

Yoo were reely wated when you rote...

No, I'm just tired of people peeking at me over the urinal.

 

[KigAir]

Just don't use the I didn't inhale defense.

 

[avbug]

The issue of the drug test is of minor importance, only requiring an explaination that you did not wish to take the test. There is no import nor implication of drug useage; you merely elected not to take the test at the time for your own reasons. Posts herein that infer drug useage, association with drug useage, or other implications are off base and miss the point.

The real issue has not been discussed here, and it is the only important issue; certificate revocation. That does require you to address to the topic.

You indicated that your certificates were revoked a year and a half after the refusal to submit. Had you elected to fight it, you would have easily won, due to the stale complaint rule. The certificate action and sanction was too long after the fact, and could not have taken place. You may be able to still rectify that, though I doubt it.

Though you don't know it, you were railroaded.

You need to explain your refusal, but minimize the explaination, and downplay it. Show it only as a learning experience, emphasize that you didn't refuse except for personal convictions at the time, and a misunderstanding regarding the efficacy of the test to you, and your career.

Beyond that, it's a non-issue. You are not black listed. You are not a black sheep. It's in the past, it's really nothing, and you shouldn't worry about it. Those who suggest otherwise don't know whence they speak.

 

[ThomasR]

The issue of the drug test is of minor importance,..............

You seem to have some legal background so I will ask you, being denied employment based soley on a persons refusal to be humiliated by surrendering to a drug test is legal? How about those who refer to you as a drug user soley because you refuse a test?

Now that you have been stigmatized as a being subversive to the status quo you find it is impossible to find employment in your own community. Volunteer organization even refuse your contributions. How minor is this situation?

 

[smokinhole]

Well, I just got back from 6 days of travel and interviews.
Thanks to everyone who has replied! I had two interviews in the last week and one disqualified me because thier insurance stipulated that 5yrs has to have passed since an appicant has had any violations. Wish they would have put that in the application and saved me $500 and four days of travel. One airline interviewer also said that I should still go to some kind of rehab program even though I completely explained the situation and that I never have done drugs. I wanted to tell him they don't make a rehab for stupidity but I held it back. In the end, they did say I would have been hired if not for thier insurance requirement. But, how many times have I heard that one though..........If I can get on a corporate insurance policy you would think I'd qualify for a airlines.

Second was a corporate interview. They were very critical about it at first but I laid out the facts, documentation and explained what I learned. That was it, they dropped it right there and continued on with the rest of the interview. I passed the interview selection and made it all the way through a flight check and everything went very well. My best interview yet. I'm finally getting to the point where I can explain the situation without emotion and it has made a big difference in the way it is recieved.

Wish me luck, I should find out by the end of the week.

S.H.

 

[smokinhole]

AvBug,

Thanks. You know thats what I really need to hear. After this last round of interviews I am starting to realize that I have alot to offer to an employer and the only one really hung up on this, is me. I am my own worst critic and I that I need to quit beating myself up for past mistakes.

Thanks for the positive response! It's appreciated.

The issue of the drug test is of minor importance, only requiring an explaination that you did not wish to take the test. There is no import nor implication of drug useage; you merely elected not to take the test at the time for your own reasons. Posts herein that infer drug useage, association with drug useage, or other implications are off base and miss the point.

The real issue has not been discussed here, and it is the only important issue; certificate revocation. That does require you to address to the topic.

You indicated that your certificates were revoked a year and a half after the refusal to submit. Had you elected to fight it, you would have easily won, due to the stale complaint rule. The certificate action and sanction was too long after the fact, and could not have taken place. You may be able to still rectify that, though I doubt it.

Though you don't know it, you were railroaded.

You need to explain your refusal, but minimize the explaination, and downplay it. Show it only as a learning experience, emphasize that you didn't refuse except for personal convictions at the time, and a misunderstanding regarding the efficacy of the test to you, and your career.

Beyond that, it's a non-issue. You are not black listed. You are not a black sheep. It's in the past, it's really nothing, and you shouldn't worry about it. Those who suggest otherwise don't know whence they speak.

 

[avbug]

Thomas,


I am not an attorney and do not presume to offer legal counsel. However, in response to your question regarding being denied employment due to refusal to take a drug test, it's a non-issue. In this business, we are legally required to take a drug test. Any safety sensitive position may require this test, and we have clearly defined in the federal regulation the requirement that refusal to take a drug test will result in the revocation of any or all certification.

In the context of this thread, my point was that every one who responded immediately globbed onto the wrong issue; that of the drug test. It's a minor issue. The true issue, with respect to hiring, is that the pilot's certificates were revoked. Not that he refused a drug test. The issue is certificate revocation. The insurance companies denying coverage aren't doing it because of failure to take a drug test...they're denying coverage due to certificate action. That's the part that concerns them, and that's the true obstacle.

The issue of the drug test is only of secondary importance as it is the reason for the revocation. However, as I also noted, the revocation should never have taken place, occuring a year and a half following the refusal to take the test. Based on the Stale Complaint Rule, the FAA had no grounds to continue with the certificate action, and were not justified in the revocation.

It's entirely possible that with the help of a qualified aviation attorney, a correction to the FAA records may be effected to remove this revocation of have it overturned (even though the certificates have been restored, now), to clean up the old record.

 

[smokinhole]

Well, thanks to all. I recieved a very fine job offer with a reputable 135 company flying all jet equipment and am so relieved and excited. Thanks for all the responses and advice.

Avbug,
I should have clarified that they did send a letter saying they were investigating the matter right at the 6 month deadline. The news that they were revoking my certs came 1 yr after that letter, for a total time span of 1.5 yrs.
Sorry about the confusion.

Well....thank god it's finally over! This company has room for me to grow and I'm planning on being there a while. Be nice not to have to sweat about this anymore.

Regards,

S.H.

 

[Ailerongirl]

Congrats smokinhole, and good luck to you! When do you start training?