AboutDottie Norkus Expertise I can address questions concerning: airline pilot employment & entry level airline careers in the Unites States, women pilots, flight training, pilot certification, flight scholarships (mostly for women), aviation & airline safety topics, aviation accident investigation, air carrier accidents and airline operations.
***Please note, I cannot address flight training or career queries from outside the United States. If you are not in the USA, please direct your question to the message boards at www.PPRUNE.org as you can surely find an answer there. For those in India try http://www.indianpilots.com
Also, I cannot address questions about aero engineering degree programs/careers or aviation management careers.
Experience U.S. Regional Airline Pilot. I have also had 15 years previous experience in airline ground operations, as well as a part 91 commercial skydive pilot and ferry pilot.
Organizations I belong to I am a charter member of Women In Aviation International as well as the International Organization of Women Pilots: the Ninety Nines. I keep a database of flight scholarships for women (mostly SW USA) and mentor student pilots.
Education/Credentials Embry Riddle Aeronautical University certificate in Aviation Safety/Accident investigation.
Question This is kind of a touchy question. But I know a pilot who was going into the cockpit and the co-pilot thought he smelled alchol on the other pilot's breath. He reported it. The pilot was quitely taken off he plane, sent to wait in the security office for a couple of hours and never given a breathalizer test. He was sent to group therapy for two weeks, transfer to a different area of the country and is now a caption. In light what what just happened with the Air Tran pilot who had the athorizies called on him, and stripped of his job, I don't understand how this other pilot got just a slap on the wrist and no mention of it in the media.
Do you know what the requirements are for this type of reporting. If so, please tell me what organizations could be contacted to inquire about it. Thanks.
Answer Suzie
Whenever an susbtance abuse incident occurs, pilots are usually taken off line until the results of any tests come back. While someone may smell of alcohol, they may not be above the legal limit (.04%), nor have consumed it within the period of time restricted before duty therefore making them perfectly legal for flight (unless they were obviously impared in some other capacity of couse). I cannot imagine a crewmember being pulled from the line for suspected intoxication, and that is all that can be said about the incident until proven otherwise, and not having taken a test. While incidents like this in the press have occured with much fanfare, like Airtan, some of these individuals have passed the tests and been returned to the line as it was proven they were not intoxicated although they were accused of it. I knew of a Captain who was hit with the spray from an exploding beer can that had been dropped from a gallery cold kit. Imagine what that smelled like! Additionally, metabolism also plays a role and some individuals seem to 'sweat out' their drinks.
While I can't comment on the instance you detailed, here are the rules regarding "Reasonable Suspicion Testing" from the Federal Aviation Regulations, from Appendix J to Part 121 - Alcohol Misuse Prevention Program:
D. Reasonable Suspicion Testing
1. An employer shall require a covered employee to submit to an alcohol test when the employer has reasonable suspicion to believe that the employee has violated the alcohol misuse prohibitions in §65.46a, 121.458, or 135.253 of this chapter.
2. The employer's determination that reasonable suspicion exists to require the covered employee to undergo an alcohol test shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. The required observations shall be made by a supervisor who is trained in detecting the symptoms of alcohol misuse. The supervisor who makes the determination that reasonable suspicion exists shall not conduct the breath alcohol test on that employee.
3. Alcohol testing is authorized by this section only if the observations required by paragraph 2 are made during, just preceding, or just after the period of the work day that the covered employee is required to be in compliance with this rule. An employee may be directed by the employer to undergo reasonable suspicion testing for alcohol only while the employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions.
4. (a) If a test required by this section is not administered within 2 hours following the determination made under paragraph 2 of this section, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within 8 hours following the determination made under paragraph 2 of this section, the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test.
(b) Notwithstanding the absence of a reasonable suspicion alcohol test under this section, no covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while the employee is under the influence of or impaired by alcohol, as shown by the behavioral, speech, or performance indicators of alcohol misuse, nor shall an employer permit the covered employee to perform or continue to perform safety-sensitive functions until:
(1) An alcohol test is administered and the employee's alcohol concentration measures less than 0.02; or
(2) The start of the employee's next regularly scheduled duty period, but not less than 8 hours following the determination made under paragraph 2 of this section that there is reasonable suspicion that the employee has violated the alcohol misuse provisions in §65.46a, 121.458, or 135.253 of this chapter.
(c) No employer shall take any action under this appendix against a covered employee based solely on the employee's behavior and appearance in the absence of an alcohol test. This does not prohibit an employer with authority independent of this appendix from taking any action otherwise consistent with law.
Here are the Federal Aviation Regulations regarding alcohol, however some airlines have even stricter rules prohibiting consumtption within 12 hours of duty:
Part 91.17 - Alcohol or drugs
(a) No person may act or attempt to act as a crewmember of a civil aircraft --
(1) Within 8 hours after the consumption of any alcoholic beverage;
(2) While under the influence of alcohol;
(3) While using any drug that affects the person's faculties in any way contrary to safety; or
(4) While having .04 percent by weight or more alcohol in the blood.
(b) Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be intoxicated or who demonstrates by manner or physical indications that the individual is under the influence of drugs (except a medical patient under proper care) to be carried in that aircraft.
(c) A crewmember shall do the following:
(1) On request of a law enforcement officer, submit to a test to indicate the percentage by weight of alcohol in the blood, when --
(i) The law enforcement officer is authorized under State or local law to conduct the test or to have the test conducted; and
(ii) The law enforcement officer is requesting submission to the test to investigate a suspected violation of State or local law governing the same or substantially similar conduct prohibited by paragraph (a)(1), (a)(2), or (a)(4) of this section.
(2) Whenever the Administrator has a reasonable basis to believe that a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of this section, that person shall, upon request by the Administrator, furnish the Administrator, or authorize any clinic, hospital, doctor, or other person to release to the Administrator, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates percentage by weight of alcohol in the blood.
(d) Whenever the Administrator has a reasonable basis to believe that a person may have violated paragraph (a)(3) of this section, that person shall, upon request by the Administrator, furnish the Administrator, or authorize any clinic, hospital, doctor, or other person to release to the Administrator, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates the presence of any drugs in the body.
(e) Any test information obtained by the Administrator under paragraph (c) or (d) of this section may be evaluated in determining a person's qualifications for any airman certificate or possible violations of this chapter and may be used as evidence in any legal proceeding under section 602, 609, or 901 of the Federal Aviation Act of 1958.
Regarding reporting:
Crewmembers are all aware of the need to be keen for the situation you described. We have all received training on how to handle and report the suspected violation. This kind of thing is reported and handled internally by the company. Only if the individual was found to be in violation of FARs will they be reported to the FAA. Of course when an incident hits the media, the FAA is on it pretty quick. However, they cannot take action against the airman until they have been proven in violation. Company policy is to pull the crewmember from the line pending an investigation.
If an F/O were to come to their Captain and say, "You smell of alcohol, are you sure you are OK to fly?" gives the Captain an opportunity: they could choose to call in sick and remove themself from duty, if in fact they thought they might still be affected by drinks, or they could continue to act as a crewmember. Any other crewmember making the accusation must always be backed up by a third party (the flight attendant, gate agent ect). If they felt the accusations had merit, then the person would be removed of they did not chose to remove themself.
If a person were to see a crewmember drinking within the 8 hour rule, or bumped into one who they felt 'smelled' of alcohol at security, they could contact the airline or the FAA with their concerns. Both have numbers in the phone book although it may take a few minutes to get a person on the line. If at the security checkpoint, the airine or the TSA can be notfied. Any badged individual at the airport can help one located such representatives.
