In Need of Advice

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Landman

Filing Flight Plan
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Dec 23, 2019
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Landman
Hey All,
First, I hope you all are having a wonderful holiday season with your families and friends.
I am in need of some help & advice. Unfortunately, I am going to have to keep thing vague so I don’t put my job at too much risk (yet), but something has to be done.

I am a corporate pilot for a privately owned aircraft. There are a few pilot who fly this aircraft. We fly under part 91. Due to a non-accident related “situation” the chief pilot was ordered to take a drug test, which he/she has rumored to have failed. Shortly after the rumor of the failed drug test this individuals medical has been suspended or revoked permanently (not sure which).

When people confront this individual about the status of their medical he/she ducks and dodges the question very carefully while continuously repeating that their medical will be reinstated “any day now,” which has been going on for 9 months or so. This person is the chief pilot, so their authority over the rest of us puts our jobs at great risk if we push too hard for the truth. Classic corporate non-sense. So I’m coming to my community for help as something needs to be done. Since this person wont tell us the truth of what’s going on here are my questions to you folks:

1) I know the name and phone number of the FAA person who has investigated our chief pilot. If I call this FAA person to ask what the true details are about our chief pilots medical status, would they legally be able to disclose that information to me?

2) If no, then how can I actually find out the truth? The chief pilot wont tell anyone the truth and there has to be an official person we can contact to go around him fo the truth, right? I hope so.

Sorry for the vagueness, but I am in a very tight corner here. The things that are happening due to our chief pilots actions are putting people at risk. So I need help here.

Thank you.
 
The Chief Pilot’s actions that are putting people at risk are a separate issue from his or her medical.

Handle it however your company would normally handle a safety issue; ignore the medial issue completely. Use your normal documented safety issue reporting procedure inside the company first.

It falls into the category of “Noneya”. As in None ya business.

The people who need to know the Chief Pilot’s status and reason for the medical revocation already know.

If they don’t, get the hell away from the place.
 
denverpilot said:
The Chief Pilot’s actions that are putting people at risk are a separate issue from his or her medical.

Handle it however your company would normally handle a safety issue; ignore the medial issue completely. Use your normal documented safety issue reporting procedure inside the company first.

It falls into the category of “Noneya”. As in None ya business.

The people who need to know the Chief Pilot’s status and reason for the medical revocation already know.

If they don’t, get the hell away from the place.
Click to expand...

I wish it was that simple. We fly under part 91. Procedure is to report issues to the chief pilot, end of story. Since this person is the issue, I can’t simply follow “company reporting procedures.”

My question is, is it possible to obtain the information by calling the FAA investigator ? Or are they not allowed to tell us or the owner of the aircraft the information regarding the status of this persons medical ?
 
I concur with @denverpilot 's assessment. I'm a little but unclear on the issues. One is the medical status, and that is between your chief pilot and the FAA. I am unclear however if your chief pilot is or is not taking actions that affect the safety of the operations, and I'm not sure what form that could take barring performing unsafe flights under the influence of drugs in which he/she (tranny?) is acting as PIC.
 
Landman said:
My question is, is it possible to obtain the information by calling the FAA investigator ? Or are they not allowed to tell us or the owner of the aircraft the information regarding the status of this persons medical ?
Click to expand...
You bring up two points: if your intent is solely to learn the status of your CP's medical certificate then that info is usually privileged on several levels. Separately you state the CP's actions are putting people at risk. I don't see how knowing the CP's medical status will make the ops any safer. If you truly believe there is a safety of flight issue then you have this option also:
https://www.faa.gov/documentLibrary/media/Order/1070.1A.pdf
 
The company should have some guidance on reporting safety issues. Do you have an HR person you can talk to? Unfortunately, there’s probably no way of staying anonymous, but if you truly think there is a safety concern, own it.
 
Landman said:
Hey All,
First, I hope you all are having a wonderful holiday season with your families and friends.
I am in need of some help & advice. Unfortunately, I am going to have to keep thing vague so I don’t put my job at too much risk (yet), but something has to be done.

I am a corporate pilot for a privately owned aircraft. There are a few pilot who fly this aircraft. We fly under part 91. Due to a non-accident related “situation” the chief pilot was ordered to take a drug test, which he/she has rumored to have failed. Shortly after the rumor of the failed drug test this individuals medical has been suspended or revoked permanently (not sure which).

When people confront this individual about the status of their medical he/she ducks and dodges the question very carefully while continuously repeating that their medical will be reinstated “any day now,” which has been going on for 9 months or so. This person is the chief pilot, so their authority over the rest of us puts our jobs at great risk if we push too hard for the truth. Classic corporate non-sense. So I’m coming to my community for help as something needs to be done. Since this person wont tell us the truth of what’s going on here are my questions to you folks:

1) I know the name and phone number of the FAA person who has investigated our chief pilot. If I call this FAA person to ask what the true details are about our chief pilots medical status, would they legally be able to disclose that information to me?

2) If no, then how can I actually find out the truth? The chief pilot wont tell anyone the truth and there has to be an official person we can contact to go around him fo the truth, right? I hope so.

Sorry for the vagueness, but I am in a very tight corner here. The things that are happening due to our chief pilots actions are putting people at risk. So I need help here.

Thank you.
Click to expand...

Does your CP need a medical to do his job?
If he’s flying the desk or just doing operational control stuff I’m not sure he even needs a medical

How is this putting your life at risk?


Confused
 
These might provide some info...

http://flightphysical.com/germanwings-crash-pilot-medical-privacy

https://www.faa.gov/about/office_or...es/aam/ame/guide/app_process/general/privacy/

General Information - Privacy of Medical Information
  1. Within the FAA, access to an individual's medical information is strictly on a need to know basis. The safeguards of the Privacy Act (PDF) apply to the application for airman medical certification and to other medical files in the FAA's possession. The FAA does not release medical information without an order from a court of competent jurisdiction, written permission from the individual to whom it applies, or, with the individual's knowledge, during litigation of matters related to certification.

    The FAA does, however, on request, disclose the fact that an individual holds an airman medical certificate and its class, and it may provide medical information regarding a pilot involved in an accident to the National Transportation Safety Board (NTSB) (or to a physician of the appropriate medical discipline who is retained by the NTSB for use in aircraft accident investigation.)

    The Examiner, as a representative of the FAA, should treat the applicant's medical certification information in accordance with the requirements of the Privacy Act. Therefore, information should not be released without the written consent of the applicant or an order from a court of competent jurisdiction.

    In order to ensure that release of information is proper, whenever a court order or subpoena is received by the Examiner, the appropriate RFS, or the AMCD, AAM 300, should be contacted. Similarly, unless the applicant's written consent for release is of a routine nature; e.g., accompanying a standard insurance company request, advice should be sought from the FAA before releasing any information. In all cases, copies of all released information should be retained.
  2. Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Examiner’s activities for the FAA. This Act provides specific patient protections and depending upon an Examiner’s activation and practice patterns, you may have to comply with additional requirements.
  3. Examiners shall certify at the time of designation, re-designation, or upon request that they shall protect the privacy of medical information.
 
Thanks for all the info & links. I got the information I need and will go from here. Thank you all marry Xmas.
 
I was gonna say, go over his head to whomever owns the aircraft. And simultaneously dust off the resume and warn the spouse...

Good Luck, and Merry Christmas!
 
James331 said:
Does your CP need a medical to do his job?
If he’s flying the desk or just doing operational control stuff I’m not sure he even needs a medical

How is this putting your life at risk?


Confused
Click to expand...

I'm kind of confused on this too. If CP is doing something unsafe(either because he's an addict or not) how does it matter what's in his FAA medical file? Someone has to deal with that regardless of FAA files. It's already established that he does not have a current medical and cannot be PIC.

Seems to me this is more of a fishing expedition.
 
genna said:
I'm kind of confused on this too. If CP is doing something unsafe(either because he's an addict or not) how does it matter what's in his FAA medical file? Someone has to deal with that regardless of FAA files. It's already established that he does not have a current medical and cannot be PIC.

Seems to me this is more of a fishing expedition.
Click to expand...

I was not sure from OP's post if he meant the chief pilot was actually still flying, illegally without his medical. Otherwise if he is grounded, how is his situation making something unsafe? But I don't think he wants to disclose any more details, and I don't blame him.
 
It's ok if you want her job ;-)
 
Unfortunately, the FAA doesn't give a rats ass about complying with the privacy act laws. They violate it every day ESPECIALLY with regard to pilot medicals.

If he's going to be a required crewmember however, he either does or does not have a medical. If he's going to do other jobs and you're not sure if that is a good idea, you better get advice from an employment attorney for the state this is taking place in. Taking job action based on drug use is highly state law dependent.
 
Rushie said:
I was not sure from OP's post if he meant the chief pilot was actually still flying, illegally without his medical. Otherwise if he is grounded, how is his situation making something unsafe? But I don't think he wants to disclose any more details, and I don't blame him.
Click to expand...

im assuming she/he’s not flying as she/he says “no medical” yet. And that’s easy to check. And pretty simple solution of reporting to FAA. No need to know why it's suspended

there maybe other employment/management issues due to presumed drug use. But I’m not seeing how this is relevant to FAA medical “honesty”
 
Unless the CP is flying it’s completely a company internal issue. Or if the CP is “forcing” pilots to do illegal things.

And even the latter is .... refuse and call his or her boss first without official company guidance.

Keep it professional. Even then, tough spot if you need the job. But don’t put your ticket at risk for the CP.
 
I don’t understand why it’s any of your business why the CP is grounded as long as it does not interfere with company operations.
 
Rushie said:
Ah! So we presume he took the prompt settlement program, surrendered his certificate and it’s been 9 months now, so only 3 more months until he is eligible for the HIMS SI, if he has complied with all demands in the way of treatment, etc. Do I understand correctly?
Click to expand...

“Any day now...” :)
 
genna said:
I'm kind of confused on this too. If CP is doing something unsafe(either because he's an addict or not) how does it matter what's in his FAA medical file? Someone has to deal with that regardless of FAA files. It's already established that he does not have a current medical and cannot be PIC.

Seems to me this is more of a fishing expedition.
Click to expand...

Sounds like CP should terminate this fisherman.

Again if he can’t state what CP is doing that’s unsafe, sounds like he’s on a cowardly smear campaign, one that he won’t even put his name on.

If you’re going to go after someone, be man enough to own it.

This is why we can’t have nice things
 
So can you list one thing ("vaguely" I suppose) that the CP has done or not done that has violated a FAR since their license was suspended or revoked?
 
Rushie said:
Ah! So we presume he took the prompt settlement program, surrendered his certificate and it’s been 9 months now, so only 3 more months until he is eligible for the HIMS SI, if he has complied with all demands in the way of treatment, etc. Do I understand correctly?
Click to expand...

No presumption. Just stating the FAA has an avenue for rehabilitation.
 
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