Originally Posted by
bafanguy
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.
Fair enough, I see your point: random testing is government mandated, therefore it's a 4th amendment issue. I see two issues with this. Number one: as I mentioned earlier, the 4th protects you from unreasonable searches only. Is it really unreasonable to be checked? Second, this particular case happened outside of the U.S., so the 4th is of no concern. Yes, there are similar protections, but in the EUSSR you are not as protected as you are in the U.S.
Originally Posted by
bafanguy
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.
Absolutely, there is no need to include law enforcement. Like I said: let the matter of fit-to-fly be handled by medical personnel. Of course, there will probably be a government mandate for that, but that's the only government intrusion needed in this case. HIMS is indeed exactly what would work; except that it's an FAA only thing. We need an ICAO thing.
Originally Posted by
bafanguy
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.
Remember that most of the elected representatives have no clue about what they are talking about. Afterall, a 25 year old bartender was able to get elected to congress.