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Old 9th Aug 2014, 23:06
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Kharon
 
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A Sunday ramble – on the dark side.

The Ryan case set me to thinking about how Avmed (CASA) could deal with the 'false' or lay accusation of substance abuse; clearly some form of response is required. So, digging down a little further I wondered how Avmed is or could be alerted to a potential problem, and what is the 'best' option (solution) – for everyone. There are countless scenarios but, just for this exercise:

The easy one. Caught on the job; a staff member turns up, someone thinks it's time for a DAMP test; positive=clear path; negative=same-same. Proof positive on the spot, not of history – but of the instance. This seems to be a relatively straight forward process; positive? medical 'suspended'; do the tests and there is a clear trail from start to finish of a 'fair and reasonable' process. The random 'on the job' filter and the 'Booze bus' are reasonable deterrents to 'honest folk'.

The tricky one. Take the Ryan example, were there 'reasonable' grounds for suspending? Given the history offered, it may, conceivably be reasonable to ask for an independent, external 'expert' evaluation. Ryan made a signed confession of DUI etc, but as subsequent testing identified 'no chronic or future' problems, that should have been an end of it; even a 'blood test' specified at the next routine medical would have been acceptable (to be sure, to be sure). Ryan honestly admitted the incident, Avmed acted reasonably in the first instance. The twisted logic which got him to the AAT is where the system fails; additional unwarranted testing not only decries the 'expert' opinion, it presumes that Avmed knows better. If indeed Avmed do know better, why then the farce of demanding 'external' opinion from experts. Same thing with 'sugar' and 'cardiac' issues – where expert, self funded opinion is simply brushed aside – does Mummy always know best?

The evil one. There is a fellah over at – Tiger - who has (allegedly) been 'accused' of narcotics abuse (Cocaine is the rumour). (Sorry - there have been some posts before my effort removed, so it's a bit disjointed). As presented, there is no, non whatsoever substantive proof or empirical evidence (that we know of), just a vague reference to 'someone' informing the ATSB, the CASA and the parent company that the Captain (Guy for ease) was 'using'. Say you were at company 'management' level, supervising Guy and the accusation (not allegation) was anonymously slipped under your door, or whispered in a corridor, how would you treat it?. If the 'accusation' was sent through company channels, how would you deal with it?: if CASA out of the blue suspended Guy's medical on a 'tip off', what then? Where to start?

A browse through the return statistics from DAMP and a couple of other 'authoritative' studies indicate that mathematically at least, the chances of having a dipsomaniac or drug fiend on the books are pretty remote. Government have spent a small fortune to establish this as 'fact'. A look back through Guy's track record and circumstances would give a clearer indication of 'character', a chat with his colleagues would lead to further detail being revealed.

In short, before the company suspended Guy and made it 'official', a whole world of 'investigation' and protocol would be gone through. IF there was an identified problem, company DAMP policy would swing in and the road to rehabilitation taken. If there was no problem identified, then the exonerated Guy should be returned to duty. A professional pilot would (should) understand the reasons for company 'caution' and whereas feathers may be ruffled; no serious lasting harm has been done, his mates will always support; his enemies will always slip one in; the neutrals will just get on with life.

But it's a bit rum, when an anonymous complaint has been vindictively made and CASA weigh in without a skerrick of 'proof' to aid and abet what is essentially an unfounded rumour, made by a layman. Then, having been proven wrong, take steps to protect the accuser from righteous indignation and civil action. You can't accuse a kid of lifting a bag of lolly's without 'proof', beyond reasonable doubt, let alone a senior Captain of being a drug fiend...

It is, without test results difficult to prove. The question is of course, why did the 'complainant' not demand a DAMP test AT THE TIME? – why the delay?– why was the company system not alerted before Avmed got involved? Two options, either the company system is so flawed that only direct contact with 'authorities' could guarantee that action would be taken, which implies 'everyone' knew but did nothing. Alternatively, this was a cowardly, vicious personal attack executed as an underhand act with much malice and aforethought.

It is easy for the layman to become an instant 'expert' on – DRUGS – and – BOOZE – easy to arrive at a wrong conclusion and easier again to make an accusation without foundation. I can see why, with a failed DAMP, the company would suspend; I could even understand why the company would suspend against a genuine 'suspicion', properly lodged and supported. What beats me (without all the data) is why? an unsubstantiated 'accusation', without clear proof, is so completely supported and protected by the regulator.

Just imagine the "the risks to aviation safety caused by the unnecessary stress imposed on pilots by zealots on an unjustified medical crusade". CP.
How about the case where the 'regulator' failed to demand a DAMP test against a 'suspicion' when all facilities and witnesses were freely and readily available; then waited for six months to lodge a 'complaint' in a very disingenuous fashion asking for and receiving the maximum punitive action that could be taken at a critical time. No failed test evidence was provided, lies were told (and discovered) and Avmed were encouraged to and happily obliged in enforcing a further 24 months of quarterly testing; despite clear, qualified, expert evidence there was not, never had been or was there likely to be, a problem. No matter, the Chinese whisper is much more effective than evidence anyway.

The Ryan finding is a most satisfactory ruling – but will it stop Avmed from colluding with every rag bag complaint which hits their email? Apparently not. Must we all now accept that the era of psychic testing, by ESP has arrived?. I'm certain there is much 'research' to support the construct..

End Sunday ramble. FWIW. How do you turn off the curiosity thingummybob?

Selah.

Last edited by Kharon; 9th Aug 2014 at 23:14. Reason: Interesting reading from Creamy – Ta..
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