Airline's and Random Drug Testing

 Mechanic is Reinstated after Testing Positive for THC

An Alaska Airlines Mechanic tested positive for THC, the main psychoactive compound in marijuana. It was undisputed that he had THC in his system, and Alaska has a zero tolerance policy for drugs. He lives and works in Washington State, where THC is legal, but he testified that he only drinks beer and has never consumed drugs. But the Director who terminated the mechanic, never conducted an investigation to determine the validity of the mechanic's claims. 

Does a company have to reinstate an employee despite company policy? 

This arbitrator said yes!

This mechanic had a few things on his side: AMFA (his union) and he was represented by Lee Seham (AMFA's attorney), and the truth. He also have the benefit that the airline did not purchase a decision by the arbitrator, and there was a fair and just ruling. This speaks volumes for any airline. 

This mechanic attended a block party and ate off many different tables, so more than likely there was something in his food and accidental ingestion. His testing was in response to a random test, he was not impaired. He was doing his job safely. Thereafter, he completed his SAP [Substance Abuse Professional] evaluation and education program satisfactorily, and there is no regulatory bar to his re-employment.

The arbitrator ruled 

he should be reinstated!

READ RULING HERE

This leaves many questions of our industry:

Should accidental ingestion of drugs or alcohol, if the pilot follows all compliance requirements with the FAA, not enable reinstatement? Should it not be required by Airlines to investigate if a pilot states they did not drink or take drugs? 

Those who believe company policies are all ruling... Think again. Extenuating circumstances do prevail, such as this case when a 20 year employee, who never tested positive before, stated he did not use drugs, there was a high probability of accidental consumption, and he followed all the ensuing DOT rules. 

This was a huge win for Lee Seham and AMFA, and for this mechanic. 

I'm curious if companies have the right to tell employees what they should do on their day off. If there is a no-smoking policy at work, and yet the employee smokes on their days off and tests for nicotine at work, would that be grounds for termination? If state law says you can legally smoke marijuana... should the company be testing for that in a random test? They don't test for nicotine, despite policy. Or should they only test if the person appears impaired? Or should there be an impairment level? Alcohol is legal, and a pilot could get a random test, but there is a limit that is allowed, indicating it had been ingested, but not causing impairment. I suspect it's time to revisit policies. 

For anyone who underestimates the power of union support, this is one of those times that an airline employee would have lost his job, despite never having consumed drugs, even though he always followed company policies, and was an exceptional mechanic would have lost his job. Without his legal team, he would have been a victim of circumstance. 

Be Safe. Make good choices. 

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