Originally Posted by
ph-sbe
The 4th protects you against unreasonable searches, and then only from the government.
The random testing in place now (and any future additions to that program) is
government mandated, carrying implied consent to submit to testing as a condition of "...exercising the privileges of..." .Therefore, it is a Fourth Amendment issue; this isn't just some company-initiated policy. ALPA testified to that at the Senate hearing when the mandated testing was being ramped up.
The Senate committee laughed it off when ALPA tried to explain the HIMS program as an alternative to the heavy hand of government. You alluded to the HIMS concept with your statement: "And in the meantime, the company diverts you to an alcohol course without you being arrested." So I assume you support something that would obviate the use of government/law enforcement as a "solution" to a complex problem.
I watched the hearing and spoke to the ALPA national aeromedical committee chairman after I saw the way he and the ALPA lawyer testifying with him were treated. It was infuriating political grandstanding by the senators pretending to save the serfs and peasants...and might be again. Stay tuned.
https://www.faa.gov/about/office_org.../drug_alcohol/