Truth, Justice, and Human Life

Pilots Taking Back Control

The HIMS Program has grown in scope and reach well beyond its original intended purpose of creating a controlled and monitored pathway for pilots, with issues involving alcohol, to return to work before the mandated 24 months of required abstinence as prescribed by law. The Supreme Court has recently ruled on Chevron deference, which opens the door to the argument that the FAA’s application of the HIMS program has exceeded its statutory mandate.

What you are about to read is an abomination of the HIMS program. The story of a captain who has been derailed by the system that is supposed to support and assist. He is fighting back. If you are in the HIMS program, you can help. 

My name is Martin Barnard, I am an airline pilot, a living breathing human being with a loving family that depends on me, and I was in the HIMS program, under the care of a Human Intervention Motivation Study (HIMS) Aviation Medical Examiner (AME). 

I do not drink and have not for going on four years. 

I have flawless and uninterrupted FAA random testing, consistent with FAA standards, to document this. 

On a single occasion in September 2022, I thought with disbelief that I may have inadvertently and without knowledge consumed something with alcohol in it, instead of the non-alcohol (0.0) beverage as was intended. I disclosed this to my HIMS AME. 

I conducted a highly sensitive blood PEth test roughly three days after the event, which produced yet another negative result further corroborating my abstinence. Nevertheless, on October 14, 2022, this HIMS AME wrote to the FAA that I was at “increased risk for a full relapse,” which was soon followed by the revocation of my Special Issuance first class medical certificate, 

In support of his October 14 report to the FAA, the HIMS AME stated that his finding was based on three considerations: 

(1) that I had three “dilute” specimens in the prior year, 

(2) that the result of my October 3 2022 PEth test was “sub threshold,” and 

(3) the motivation to purchase beer-like beverages, “whether alcohol containing or not” is “suggestive of an imperfect recovery.” 

I have decided to file a lawsuit against this HIMS AME for what I consider to be his negligent actions, including, in part: 

The HIMS AME reported the three test results as “dilute,” notwithstanding the fact that the laboratory had reported the result of each specimen as “negative-dilute,” thereby confirming that the tests confirmed the absence of alcohol in my system.

To the extent that The HIMS AME had any concern that the three “dilute” specimens reflected donor tampering, he should have proceeded with direct observation collections that would have cleared me of any alleged misconduct.

The creatinine levels for the three “dilute” test results evidenced nothing beyond appropriate hydration practices and that I had abstained from the consumption of alcohol. The HIMS AME should have communicated to the FAA that the result of the hypersensitive October 3 PEth test result was a “negative.”

The HIMS AME should have communicated to the FAA that the October 3 PEth result provides strong evidence establishing that I had maintained my commitment to complete abstention from alcohol consumption. Nevertheless, the paragraph in which The HIMS AME references the PEth result reads as follows: Looking back at the airman’s random testing, he has had three dilute specimens this year.

The HIMS AME reference to the October 3 PEth test result as “sub threshold” appears to have been understood by the FAA as evidence that I was ingesting alcohol despite the fact the test was negative.

The third and final basis for the relapse diagnosis that the HIMS AME communicated to the FAA was that “whether or not alcohol consumption occurred, it is an early teaching in formal recovery that ‘look alike’ beverages, alcohol containing or not, were contraindicated for those in recovery program.”

The HIMS AME never advised me that I should abstain from non-alcoholic “look alike” beverages or that the consumption of such beverages could potentially lead to relapse. NOTE: Nor have I ever signed anything agreeing to such a standard.

DOWNLOAD FULL DETAILS OF THIS CASE HERE

I was immediately ordered, under penalty of termination, without the ability to make life arrangements into: Metro Atlanta Recovery Residences (MARR) a 98-day highly invasive, intensive inpatient mental hospital. Fellow pilots have characterized the program as akin to an imprisonment. I then would have been required to sign a “Contract B” which allows for termination without cause for any alcohol-related incident, or I would be immediately terminated. 

Given these unjustifiable demands, I have taken leave from my airline, pursuant to the Uniformed Services Employment and Reemployment, Rights Act of 1994 (USERRA) to continue my 30+ year military career with honor. I am fully Mission ready and deploy worldwide in a flying status; I am current and qualified in my Major Weapon System and will continue to serve my country until I retire with honor. My intention upon retiring from the US military, in accordance with USERRA law, will be to return to my airline as a full-time line pilot.

Despite USERRA law, my Airline has indicated that it intends to terminate me upon my return from Military Service. This has been conveyed to me numerous times verbally, and I have received written documentation to this intention dated 18 Sep 2023. Based upon The HIMS AME actions, I am filing a malpractice lawsuit against him.

My overall objective of this lawsuit is twofold: 

1) To bring due process to the HIMS program. There is currently no mechanism available for due process or checks and balances of any kind in today’s HIMS program should there be any disagreement of any kind between the different entities. This lack of due process allowing HIMS AME’s and unelected, unaccountable bureaucrats at the FAA to act with absolute impunity in all situations renders the pilot completely vulnerable and without recourse.

2) My second objective is to set precedent that HIMS AME’s can be held liable for negligent actions that inflict harm on the lives of the patients/pilots they have agreed to “sponsor.” 

I respectfully request assistance from all that are willing, in any way you can help achieve these objectives. Please download the affidavit  below and share with as many people as possible. Those that come after us will greatly appreciate what you have done here. Thank you for your time and consideration!

DOWNLOAD THE AFFIDAVIT HERE

Email to: marty.barnard@yahoo.com

I'm proud of Captain Barnard's effort to make a difference and assist everyone in this program. AMEs should not have immunity from their actions. And, every doctor should be held accountable. The fact that any doctor could possibly distort the truth of fact based evidence in such a negligent manner, and in my opinion intentional, should be of the greatest concern to all.  If you are unfamiliar with the HIMS program and want to learn more, please read the previous posts:

Warning to all Pilots

Alcohol and Pilots

Alcohol Use Disorder

THANK YOU 

For your Assistance! 

Dr. Karlene Petitt

PhD. MBA. MHS.
A350, B777, A330, B747-400, B747-200, B767, B757, B737, B727

Working in a Safe Space

You're Invited To Attend! 

I will be the keynote speaker at the 2024 Workplace Promise Institute conference on September 12, 2024 in Washington DC, and hope that you can join me. You might just witness something that I have never done in public before, and hear something that could change your life. 

Whistleblowers Unite

The purpose of the conference is to spread awareness of whistleblower mental health and related issues. The conference is for whistleblowers who want to learn more about their rights and protections and be part of a peer support network. 

Those who attend the conference will share with other whistleblowers and survivors about their lessons learned and strategies for coping and resilience. They will hear from attorneys, government officials and advocates about the current status of laws, programs and policies that affect them and have an opportunity to influence those practices. 

Whistleblowers of America (WoA) welcomes family members to participate and is in the process of developing opportunities for the children of whistleblowers to engage in a mentor program. The Workplace Promise Institute WPI will also include discussion on Whistleblower Protection advocate certification, and announce Giraffe Award winners. 

I hope to see you there!

Enjoy the Journey!

Dr. Karlene Petitt

PhD. MBA. MHS.
A350, B777, A330, B747-400, B747-200, B767, B757, B737, B727

Boeing Pleads Guilty to Criminal Fraud and...

John Barnett is Gone

John Barnett's Life and Death had purpose

Praise Mr. Barnett for 

Giving His Life 

To Save Yours

Authorities found John Barnett in his car holding a gun in his lap, with a finger on the trigger. But that gun had a huge kickback and therefore would impossible to be in that position with his finger still on the trigger. Notwithstanding that there was no blood splatter inside the car, no photographs of the scene, and earlier that day he had just provided evidence to prove Boeing of criminal fraud.

Mr. Barnett had four hours of deposition remaining the following day. Having walked in his shoes, I will tell you that nobody walks off the field in the fourth quarter of the super bowl when you’re ahead, despite the stress and battering of the game. All this leads me to believe that this was more than a suicide.  While we cannot bring Mr. Barnett back to life, at the very least his death will not be in vain, because his death has ignited others to change the law. 

As you know I have been fighting for reform of the AIR21 law for years. I created a petition for that effort. Please sign HERE if you have not done so yet. Now, in the shadow of Mr. Barnett's death, action is finally being taken. I worked closely with, and fought for language, in the AIR21 reform act with attorneys and officials from DC. While they did not get this on the Aviation Reauthorization Act this last round, we must encourage this change sooner than later. You can help by writing to your Congressmen, Senator the FAA administration, the Aviation Transportation Board, or your local newspaper and send the copy attached here. 

Let's Improve Aviation Safety Together

Memorandum  From: Stakeholders favoring stronger protection for aviation safety advocates.  

To: Relevant Congressional offices and committees 

Re: Language to modernize AIR21 protections 

The recent death of Boeing whistleblower John Barnett highlights the inadequacy of protections under the AIR21 statute. 49 U.S.C. §42121(a). The Boeing fiascos are déjà vu about a quality control breakdown that could and should have been corrected long ago. 

Mr. Barnett had been protesting for over a decade, initially through the Boeing corporation and then through current legal rights (the AIR21 procedural mechanisms) that proceeded at a molasses pace. When anti-retaliation rights in AIR21 were first enacted in 2000, they reflected best practices at the time. Over a decade later, however, they have become badly outdated and now are primitive compared to 16 corporate whistleblower laws that Congress subsequently enacted unanimously. 

While some additional amendments have been made to AIR21 in recent years, Barnett’s death and the ongoing significant safety failures with airplanes demonstrate that AIR21 must be strengthened to encourage workers in the industry to speak up before passengers are harmed. The suggestions below are for an AIR21 Safety Advocate Act, which we think the current law should be renamed. These recommendations are the menu of where AIR21 needs updating to keep pace with other corporate accountability laws, and include language to provide solutions.  

Read the Entire Memo Here

I'm not sure if a plea deal is justice,

But a law change would be!

Enjoy the Journey!

Dr. Karlene Petitt

PhD. MBA. MHS.
A350, B777, A330, B747-400, B747-200, B767, B757, B737, B727

Happy Independence Day 2024!

 Celebrate!

Yesterday we prepared for the big day today as we watched the eagles soar. I'm hoping everyone has a blessed holiday, and we can all celebrate a little independence today. 

Life is Good! 

The fun is about to begin. 

Enjoy the Journey!
Dr. Karlene Petitt

PhD. MBA. MHS.
A350, B777, A330, B747-400, B747-200, B767, B757, B737, B727

Living Donors

What Would You Do?

Twelve years ago I visited Kalani on October 8, 2012 for a yoga retreat. Morning yoga classes followed by sitting in my jungle cabin and working on my novel. My greatest gift during this retreat was to have met Beth Willstrop. Beth traveled the world, has a history of teaching English, drama and dance. And now she is an author. But mostly, she is an angel of life. 

Last month I received Beth's book in the mail, with an inscription "So often I 'heard' your nudging me. Thank you!" Beth is whom should be thanked for providing me this gift in her writing. And you will thank her too, after reading this story. 

Beth is a cancer survivor who wrote a masterful story that wove her history and visits to Thailand with her real life kidney donation. I knew that the blackmarket existed selling body parts, but I had no idea how widespread the practice was, or that the level of harm that befalls the poverty stricken who resort to this process to survive. What you will learn in this book is truth is scarier than fiction. 

Beth Willstrop and Bob Golden

This story, while fiction, is based on real life events, and a hero who donated her kidney to a friend. While my days are busy, they always ends the same way. I take the time to snuggle into my bathtub and read. I only read a few chapters a night of Beth's book because I did not want the journey to end. I found myself looking forward to the evening when I could snuggle back into the warm water and and continue the journey. I was sad to close the book and fought a tear at the end, too. 

A dating platform introduced these two, as in the novel. And while there was no love connection, the friendship lasted a lifetime and saved Bob's life. Living donors are a gift of life. Beth and Bob are both doing great today! 

I highly recommend this book for your summer read. The writing is excellent, the story phenomenal, and the talent of how Beth takes us to the past by connecting history to the present is exceptionally well done. You can find When the Waters Take Us on Amazon. After you read the book, leave Beth a comment. The world needs more people like Beth who gives more than she takes. 

Thank you Beth for not only writing a great book, 

but being such an exceptional human!

Enjoy the Journey!
Dr. Karlene Petitt

PhD. MBA. MHS.
A350, B777, A330, B747-400, B747-200, B767, B757, B737, B727

Inspiration Gives Wings

And the Gift of Flight

In 2018 I met Aleeka Morgan and her husband Will at an ERAU graduation of which I was speaking. I was impressed by this couple, and they became my Friday Fabulous Flyers. I knew there would be nothing stopping Aleeka in a future of inspiration and success. Success is when you make a difference in the world.

Aleeka introduced me to La Pietra, an all-girls school in Hawaii, and was surprised by their TechZone program. The program equips students with cutting-edge tools like a flight simulator, e-sports gear, robotics kits, 3-D printers, and so much more. She told me Sabrina, a graduate of the school, is now headed to Embry-Riddle Aeronautical University (my alma mater), and she credits La Pietra for sparking her passion for aeronautics. Sabrina recently completed her first solo flight, thanks to her time in the flight simulator at her school.

Aleeka said, "I'm passionate about helping to fundraise for La Pietra through the fund I started, Nurturing Wāhine Fund, because I saw firsthand how genuine the leaders are at the school. I have had so many traumatic experiences in Hawai'i where I have been put in uncomfortable situations by women, and it is novel to see a place that allows women and girls to actually thrive."

As the spouse of an Air Force veteran, Aleeka understands the transformative power of flight skills firsthand. Since then, she has launched a gender equity fund, Nurturing Wāhine to support STEM initiatives like TechZone. Every dollar she raises goes directly benefit these young women.

Nurturing Wāhine Fund's mission: To empower women to overcome systematic adversity by offering resources and grants. We do this by supporting programs and community leaders in underrepresented fields." Aleeka is in search of much needed funds for TechZone that will be used for maintenance of La Pietra's current equipment, and to assist in purchasing new equipment such as and instructor station, CNC milling machine, and CAD/CAM software. This is a 503(c)(3) non-profit and all donations will be tax deductible. You can Venmo your support at @NurturingWahine 

or at Paypal: https://www.paypal.com/donate/?hosted_button_id=V4AEBM6ZL9US4

If you have any questions or equipment donations, or want to learn more about Nurturing Wahine Fund or please email her at Aleeka@nurturingwahine.org

Aleeka Morgan is Making a Difference

One Life at a Time

Thanks for your help!

Enjoy the Journey
Dr. Karlene Petitt

PhD. MBA. MHS.
A350, B777, A330, B747-400, B747-200, B767, B757, B737, B727

Retain Senior Pilots

Your Life Could Depend upon It 

When you awaken, be grateful. Then think of those who might not have that opportunity due to an unnecessary aircraft accident. Today, airplanes are breaking at an exponential rate. Even new airplanes are malfunctioning. Doors flying off, engines failing and electrical problems. This is when we need competent, experienced pilots on the flight deck. With this "pilot shortage" and airlines employing anyone who is willing to work for them, or being offered flight opportunities before the individual proves ability, we are headed for a major catastrophe. 

Age 67 Retirement is a Must

For Your Safety

When a junior Southwest Airlines first officer nearly kills everyone on board because he dives toward the ocean and misses impact by 400 feet, and didn't even realize he had a problem, we have a problem. What if the captain was also a new hire pilot? Yes, that could happen. Delta Airlines place a new hire as a captain in NY, in the exact same plane that this SWA event occurred. A year ago, Delta experienced hail damage and the pilot flying was a new first officer getting a line check. 

Delta Hail Damage

On June 9th, Austrian Airbus A320-214 that passed through sever hailstorm while operating flight OS434 from Palma de Mallorca (PME) to Vienna (VIE)

We must retain senior pilots or the next time my be the last time for the crew and passengers on board

Southwest did a Dutch Roll last month with major structural damage. Sun Country diverted due to Engine Failure. KLM 787 Returns to Tokyo with a cracked windshield. Emirates A330 Rejects takeoff due to an engine exploding during takeoff.

American A321 a post flight inspection identifies a Damaged Cowling. Altas closes the Hong Kong runway after experiencing their third incident this year. United Airlines oxygen masks deployed.

Those events are what we see in the news. What you may not see are those hidden events. In May Delta Airlines experienced three major incidents. On May 27, Delta's airbus A350 lost automation, on May 29th an Airbus A330 experienced a total hydraulic failure, and a Boeing 757 had unsafe gear. This month I received the following photos of Delta flights, from disgruntled pilots who don't know what to do. A Captain tells me: 

"Maintenance is a problem and we're going to have an accident" 

 

Despite everything in the news there is more happening that you never hear about. 

FAA is now investigating Southwest Airlines and four months ago they were investigating United. Honestly, the FAA does not have the resources or time to solve the overwhelming problems within the airline industry. 

A safety protection and the easiest solution is to retain experienced senior pilots and allow them to continue flying to age 67. Their experience could save your life. In the eyes of the government, social security starts at retirement age of 67. Most of these pilots are flying far more challenging aircraft and operations after they leave the airline job.

Unfortunately ALPA is not supportive of this age extension because union representatives are elected positions. This is a political objection, not a safety concern. The airlines' massive employment of young pilots due to the pilot shortage now has tipped the scales to more younger pilots than those of experience. If the union reps don't vote to keep 67 out, they will be voted out. I've already seen this happen. We need public help to address this critical issue before it's too late. Retention of of senior pilots could save your life. 

AGE 67 Is a Must 

For Passenger Safety! 

Enjoy the Journey
Dr. Karlene Petitt

PhD. MBA. MHS.
A350, B777, A330, B747-400, B747-200, B767, B757, B737, B727