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Q: Alcohol Recovery Centers , Consequences for employment or training, e.g. FAA ( Answered 5 out of 5 stars,   3 Comments )
Question  
Subject: Alcohol Recovery Centers , Consequences for employment or training, e.g. FAA
Category: Miscellaneous
Asked by: johnster-ga
List Price: $100.00
Posted: 21 Jun 2003 09:59 PDT
Expires: 21 Jul 2003 09:59 PDT
Question ID: 220068
I would like to know what it says in the FAA (Federal Aviation
Administration),pilot training
physical and written exams about candidates having been in Alcohol
Recovery Centers. Are there any limitations or exclusions? What are
the "rules"? Is there a waiting period?

Beyond that, are there any Federal agencies or companies that require
statements or afadavits about previous substance (alcohol abuse)? I'm
not talking about security clearance or the level of commercial
pilots. What are the standard rules for government agencies and companies?
Is there a waiting period?

Please respond.

Thanks

John

Request for Question Clarification by umiat-ga on 21 Jun 2003 10:16 PDT
Are you interested in a government job? If so, are there any
particular areas I can focus on?
 As for pilot training, if you are not interested in the level of a
commercial pilot, what degree of pilot training are you seeking?
 Also, you mentioned Federal agencies or "companies." Please explain
what you mean by "companies" as related to federal employment?

 Thanks.

 umiat

Clarification of Question by johnster-ga on 21 Jun 2003 14:42 PDT
There are many categories in the FAA test or licensing procedure. The
one I'm interested in is a private pilot's license. I may want to go
on to multi-engine or commercial rating but right now, private pilot's
license. By the way, a commercial rating does not mean you're
qualified to fly for American.

I may want to work for the government for one of many different
agencies. I don't know which, for example, the treasury department but
generally they have job classifications such as G8 or G15 like that. I
would not necessarily need a security clearance.

Companies refer to (private) companies in general. In times past, I
thought I saw applications or forms which requested if you had been to
a recovery center or had treatment for alcohol/drug problems. Would
the Disabilities Act cover this one?
Answer  
Subject: Re: Alcohol Recovery Centers , Consequences for employment or training, e.g. FAA
Answered By: umiat-ga on 21 Jun 2003 21:59 PDT
Rated:5 out of 5 stars
 
Hello johnster!


 I have found the information you requested. I wish you the best in
attaining your goals, and commend you for your honesty in admitting
your past alcohol abuse. From what I have uncovered, your past should
not stand in the way of a future as a pilot, government employee or
private employee.


==============================================================
FAA Pilot Training Written and Physical Exams - Qualifications
==============================================================


FAA Medical Exams (updated 3/16/2003):
http://bemd.com/FAA.htm#Frequently%20asked%20Questions%20from%20the%20FAA's%20Civil%20Aviation%20Medical%20Institute

Capsular Summary of the Standards: (see 11 $ 12)
===================================

DISQUALIFYING CONDITIONS: Examiner must disqualify if the applicant
has a history of (1) Diabetes mellitus requiring hypoglycemic
medication; (2) Angina pectoris; (3) Coronary heart disease that has
been treated or, if untreated, that has been symptomatic or clinically
significant; (4) Myocardial infarction; (5) Cardiac valve replacement;
(6) Permanent cardiac pacemaker; (7) Heart replacement; (8) Psychosis;
(9) Bipolar disorder; (10) Personality disorder that is severe enough
to have repeatedly manifested itself by overt acts; (11) Substance
dependence; (12) Substance abuse; (13) Epilepsy; (14) Disturbance of
consciousness and without satisfactory explanation of cause; and (15)
Transient loss of control of nervous system function(s) without
satisfactory explanation of cause.



SUBSTANCE DEPENDENCE AND SUBSTANCE ABUSE:  A diagnosis or medical
history of "substance dependence" is disqualifying unless there is
established clinical evidence, satisfactory to the Federal Air
Surgeon, of recovery, including sustained total abstinence from the
substance(s) for not less than the preceding 2 years. A history of
"substance abuse" within the preceding 2 years is disqualifying.
"Substance" includes alcohol and other drugs (i.e., PCP, sedatives and
hypnotics, anxiolytics, marijuana, cocaine, opioids, amphetamines
hallucinogens and other psychoactive drugs or chemicals).



***

Therefore, a candidate must demonstrate complete and sustained total
abstinence from drugs and alcohol for at least two years before taking
the exam. This must be based on clinical evidence and subsequent
monitoring.

***


If You Do Not Meet the Standards:

 "None of us are perfect, and most everyone will experience at some
time during their career a significant  illness or a disability.  This
does not necessarily end flying activities and the FAA has procedures
whereby individuals can re-qualify.  A disqualifying medical condition
can be either static or possibly progressive, and the FAA takes a
different approach in dealing with each one."

 A static condition is one that is not expected to change or progress
over the years.  Examples include some degree of color blindness or an
individual that has lost his leg from an injury and wears a
prosthesis.

** If the FAA makes a determination that when considering the
adaptations the individual has made to compensate for their
limitations that operating an aircraft can be done safely it will
issue a Statement of Demonstrated Ability or SODA.

 At times an actual flight test may be required with an FAA check
pilot to obtain these waivers.  SODAs are permanent and do not have
any expiration or reevaluation date.  Once you have one it remains in
effect as long as the condition does not change and you apply for the
same class or lower class of certificate.  A SODA  needs to be
re-issued if you go to a higher class of certification, and it becomes
invalid if the condition for which it was issued changes.

 Most medical problems are not static and may progress or effect other
body systems over time.  Examples in this category are hypertension, 
glaucoma or heart disease.  Such conditions require an initial
evaluation when the problem is first discovered. If the FAA determines
that the condition does not preclude the safe operation of an aircraft
one can generally obtain certification. Reevaluation is usually
required annually or biennially.  If the condition has not changed
then the certificate may be re issued, however if there is progression
 continued certification may become problematic.  Certification is
fastest if you bring in the required supporting documentation when you
have your medical examination. For certain common conditions such as
hypertension if there are no associated problems often the your local 
AME can issue the certificate.   For more serious conditions the FAA
reserves the right to issue certificates.



================================================================================
What types of medical certificates are available and how long are they
good for?
================================================================================

There are three classes of medical certificates:

CLASS 3 medical certificates are for private pilot duties only. They
have the least restrictive medical requirements and the certificates
are generally good for 3 years for applicants under age 40 and 2 years
for those 40 and over.

CLASS 2 medical certificates are for commercial, non-airline duties as
well as private pilot duties. This certificate would be required of
crop dusters, charter pilots, corporate pilots, and anyone else who
flies commercially. The certificate is good for 1 year for commercial
activities and 2 or 3 years for private pilot use.

CLASS 1 medical certificates are required for pilots of scheduled
airliners. They have the most stringent medical requirements and the
certificate is good for 6 months for airliner duties. Like the Class 2
certificate, however, it is good for 1 year for other commercial
activities and 2 or 3 years for private pilot duties.



===================================================================
Detailed examination standards for individual FAA flight positions
===================================================================

"AAM-300: Aerospace Medical Certification Division - PART 67 - MEDICAL
STANDARDS AND CERTIFICATION"
http://www.cami.jccbi.gov/AAM-300/part67.html 

(The following standards apply to First, Second and Third Class
airmen)

Subpart A - General
=================== 


67.1 Applicability

67.107 Mental

4) Substance dependence, except where there is established clinical
evidence, satisfactory to the Federal Air Surgeon, of recovery,
including sustained total abstinence from the substance(s) for not
less than the preceding 2 years. As used in this section--


(i) "Substance" includes: alcohol; other sedatives and hypnotics;
anxiolytics; opioids; central nervous system stimulants such as
cocaine, amphetamines, and similarly acting sympathomimetics;
hallucinogens; phencyclidine or similarly acting arylcyclohexylamines;
cannabis; inhalants; and other psychoactive drugs and chemicals; and

(ii) "Substance dependence" means a condition in which a person is
dependent on a substance, other than tobacco or ordinary
xanthinecontaining (e.g., caffeine) beverages, as evidenced by--



(A) Increased tolerance; 

(B) Manifestation of withdrawal symptoms; 

(C) Impaired control of use; or 

(D) Continued use despite damage to physical health or impairment of
social, personal, or occupational functioning.

(b) No substance abuse within the preceding 2 years defined as: 

(1) Use of a substance in a situation in which that use was physically
hazardous, if there has been at any other time an instance of the use
of a substance also in a situation in which that use was physically
hazardous;

(2) A verified positive drug test result acquired under an anti-drug
program or internal program of the U.S. Department of Transportation
or any other Administration within the U.S. Department of
Transportation; or

(3) Misuse of a substance that the Federal Air Surgeon, based on case
history and appropriate, qualified medical judgment relating to the
substance involved, finds--

 (i) Makes the person unable to safely perform the duties or exercise
the privileges of the airman certificate applied for or held; or

 (ii) May reasonably be expected, for the maximum duration of the
airman medical certificate applied for or held, to make the person
unable to perform those duties or exercise those privileges.

==


Read Subpart E - Certification Procedures 

§ 67.401 Special issuance of medical certificates.

(This portion explains certain allowances which may be given under
special circumstances)


Reconsideration of Denial:
=========================

§ 67.409 Denial of medical certificate. 


(a) Any person who is denied a medical certificate by an aviation
medical examiner may, within 30 days after the date of the denial,
apply in writing and in duplicate to the Federal Air Surgeon,
Attention: Manager, Aerospace Medical Certification Division, AAM300,
Federal Aviation Administration, P.O. Box 26080, Oklahoma City,
Oklahoma 73126, for reconsideration of that denial. If the person does
not ask for reconsideration during the 30day period after the date of
the denial, he or she is considered to have withdrawn the application
for a medical certificate.



=========
SOME FAQ'S
=========
http://www.flightphysical.com/


Who is required to hold a Federal Aviation Administration (FAA)
Medical Certificate?
================================================================================

 Any person acting as pilot-in-command or other required crewmember of
an aircraft (except for free balloons, gliders, and ultralights) must
hold a current and appropriate medical certificate. This includes
student pilots in solo flight as well as private, commercial, and
airline pilots.

==


I have some minor medical problems and would like to find out whether
or not they will create difficulties when I go to get my medical
certificate. Who could I contact in order to get further information
about my situation?
================================================================================

 "There are several sources for information regarding the various
medical conditions that might afflict applicants for medical
certification. One source is your local AME. This physician may be
willing to discuss your medical problems and the impact they are
likely to have on certification. Frequently, AMEs will do this over
the phone without charge. An alternative is to contact the FAA
directly, either through your office or through the Aeromedical
Certification Division of the FAA in Oklahoma City. Their office is
open from 8:00 AM to 4:30 PM Central Time during regular weekdays. The
phone number is (405) 954-4821. (Be patient. They get a lot of
calls.)"

**  A confidential alternative is Virtual Flight Surgeons, Inc.**  

"This private company has a longstanding working relationship with the
FAA and has experience advising pilots on strategies for obtaining
waivers and special issuances. They offer confidential assistance to
pilots and AMEs to facilitate waiver requests. Virtual Flight
Surgeons, Inc can be a non-threatening educational and/or a
consultative starting point prior to contacting your AME. A final
source of information is through the various pilot organizations such
as the Experimental Aircraft Association (EAA) at 1-800-564-6332 or
the Aircraft Owners and Pilots Association (AOPA) at 1-800-872-2672."



===================
COMPANY EMPLOYMENT
===================


What can an employer ask in an interview?
==========================================  

From "Interview Questions: Legal or Illegal? Part 2 of 2," by  Robert
Palow. R P Consultants. (Nov. 2001)
http://www.rpconsult.com/article21.htm

(The following excerpt is only a portion of the article, which you
should read in entirety)

11.Do you have any disabilities?

The Americans with Disabilities Act (ADA) prohibits employers from
asking employment applicants any disability-related question - any
question that is likely to elicit information about disability. Under
the ADA, an employer cannot lawfully ask applicants whether they have
a particular disability nor ask questions that are closely related to
a disability.

An employer, for example, generally may not ask applicants whether
they will need reasonable accommodations for the job. An employer may
not ask applicants how many sick days they took with a previous
employer; this question directly relates to possible disabilities.

An employer may not ask applicants about their workers compensation
history. A question of this nature is viewed as relating directly to
the severity of the applicant’s impairments. An employer may not ask
applicants about their current or prior lawful drug use. For example,
an employer cannot ask an applicant, "What medications are you
currently taking?"

An employer may ask applicants whether they can perform the essential
functions of the job for which they are applying, with or without
reasonable accommodation; or ask applicants to describe how they would
perform any and all job functions, as long as all applicants in the
job category are asked to do this.

When an employer reasonably believes that an applicant will be unable
to perform a job function because of a known disability, the employer
may ask the applicant to describe or demonstrate how the function
would be performed.

If the applicant has an obvious disability or voluntarily discloses a
hidden disability to the employer, the employer may ask the applicant
whether reasonable accommodations are needed and, if so, of what
types.

For example, an applicant for a receptionist’s position voluntarily
discloses that he has diabetes and will need to take breaks to take
his medication. The employer may ask the applicant questions about the
reasonable accommodations he will need, such as how often he will need
to take breaks and how long the breaks must be.

An employer should inform all applicants of the essential functions of
the position and of the employer’s attendance requirements. The
employer may then ask whether the applicant will be able to perform
these functions and meet the attendance requirements. An employer may
also ask about an applicant’s attendance record with a prior employer.

This question is not considered to be disability related, because
there may be many reasons unrelated to disability that a person may
not have met the attendance requirements of a previous job.

12.When was the last time you used illegal drugs?

An employer may ask applicants about current and prior illegal use of
drugs. An individual who is currently using illegal drugs is not
protected under the ADA. For example, an employer may ask the
following of an applicant: "Do you currently use illegal drugs? Have
you ever used illegal drugs? What illegal drugs have you used in the
last six months?"

These questions are not likely to tell the employer anything about
whether the applicant is addicted to drugs. On the other hand,
questions that ask how frequently the applicant has used illegal drugs
are likely to elicit information about whether the applicant was a
past drug addict. An employer may not ask questions that refer to past
drug addiction.

****

13.Do you drink alcoholic beverages?

An employer may ask applicants questions about their drinking habits,
unless a particular question is likely to elicit information about
alcoholism, which is a disability under the ADA. An employer may ask
applicants whether they drink alcohol, or whether they have been
convicted for driving under the influence of alcohol. These questions
do not reveal whether someone has alcoholism.

On the other hand, questions about how much alcohol applicants drink
or whether they have participated in an alcohol rehabilitation program
are not permitted. Questions of this nature are likely to elicit
information about whether applicants have alcoholism.

***

14.Have you ever undergone psychiatric evaluation?

This is not an appropriate question.

The EEOC enforcement guidance on psychiatric disabilities limits the
questions asked of any applicant about any psychiatric disability.

Under the ADA, the term "psychiatric disability" includes mental
impairments, such as any mental or psychological disorder including
emotional or mental illness. It includes major depression, bipolar
disorder, and anxiety disorders such as panic disorder,
obsessive-compulsive disorder, and post-traumatic stress disorder. A
mental impairment also includes schizophrenia and personality
disorders.

As with physical disabilities, an employer is not permitted to ask
applicants any questions that are likely to elicit information about a
psychiatric disability. A limited exception comes into play when the
employer reasonably believes that an applicant has a psychiatric
disability for which the applicant will require accommodation.

Generally speaking, an employer can only reasonably believe that
applicants will need accommodation if they disclose their psychiatric
disability to the employer during the hiring process or if they tell
the employer during the hiring process that such accommodation will be
needed.


See also "HIRING WITHOUT LAWSUITS UNDER THE ADA: ESTABLISHING
COST-EFFECTIVE POLICIES AND PRACTICES THAT SUPPORT (RATHER THAN
UNDERMINE) YOU," by Mark Diana, Esq.
http://www.cnapro.com/docs/ada_hiring_guidelines.doc


==


I am sure you are aware that certain jobs do require a background
check, especially if you are working in a security-related job, with
children, etc. A background check will likely disclose your alcohol
rehabilitation, but should not jeopardize your employment if you have
been substance free for the period required by the particular
employer.

See the following example:

THE COUNTY OF SONOMA 
INVITES APPLICATIONS FOR THE POSITION OF:     
DEPUTY SHERIFF II - C0URT SECURITY/TRANSPORTATION 
http://agency.governmentjobs.com/sonoma/job_bulletin.cfm?JobID=6886

BACKGROUND INVESTIGATION - DEPUTY SHERIFF II 
Prior to employment, candidates will undergo a thorough background
investigation to assess their employment and educational history, and
personal fitness for our position. Such investigation may include, but
is not necessarily limited to: use of prescription and/or other drugs,
reports from former employers, educational institutions, law
enforcement agencies, or other relevant sources. The results of this
examination shall be confidential and shall not be available to the
candidate for review. Failure to pass the background investigation may
eliminate a candidate's name from the employment list. Additionally,
candidates will be required to participate in psychological
evaluation, a polygraph exam, and a medical examination. Drug and
alcohol testing will be conducted as part of the pre-employment
medical examination for initial hires and for all current employees
who are offered employment in law enforcement, probation and drug and
alcohol assignments. Deception during any portion of this process is
grounds for disqualification, even after employment.

DRUG POLICY:

In order to maintain high standards in the Sonoma County law
enforcement community, the Sheriff's Department has established
illegal drug use guidelines to evaluate an applicant's suitability for
employment. Factors which may be considered include but are not
limited to: conviction for misdemeanor drug offenses; on-the-job
illegal drug use, especially while employed by a public safety agency;
manufacture, cultivation or sales of controlled substances; patterns
of use of controlled substances; and failure to truthfully disclose
prior or current illegal drug use, or used any type of narcotic or
controlled substance during his/her employment in any capacity, with a
law enforcement Agency. An applicant may also be rejected if the
applicant's alcoholic beverage consumption is shown to impair his/her
ability to perform in a satisfactory manner.

Where there is evidence of an applicant's past abuse of other
controlled substances, the following factors may be used to determine
the employability of the individual:

Patterns of use. 
How the drug was obtained. 
Kind of drug used. 
For each kind of drug used, the date started, and the last date used.
Circumstances of the start of the drug use. 
Circumstances at the time of discontinuance of drug use. 
Nature of any treatment and prognosis. 
Social behavior and attitude since discontinuance of drug use. 
History of any previous rehabilitation efforts.

 
(I know you haven't mentioned that you have any desire to become a
sheriff....but you never know what your future may bring!!!)



===================================
The Americans with Disabilities Act:
===================================

The ADA prohibits discrimination against potential job applicants in
recovery from substance abuse. Ideally, the Disabilities Act should be
your ally and protector by preventing past bad choices (from which you
have recovered) interfere with your present life.

 Unfortunately, many companies ignore the ADA and follow their own
criteria. This is certainly not a fair situation, but it does exist.


Read excerpts from "People in Recovery Face Job Discrimination." Join
Together Online.(6/6/2002)
http://www.jointogether.org/sa/news/summaries/reader/0,1854,551498,00.html

"Even though the Americans With Disabilities Act (ADA) prohibits
discrimination against people in recovery, experts in treatment and
recovery estimate that when recovering addicts are honest about drug
histories, they will get turned down for a job 75 percent of the
time."

"Hope for the future is what keeps people in recovery, and blatant and
systematic discrimination destroys that hope," said former CNN anchor
Susan Rook, a recovering addict who's now a treatment advocate.
"Recovery is scary, painful, frustrating, and then, after doing that,
we are punished for the best thing that we've ever done, then how in
the world can you make an argument to the next person you're trying to
convince to give recovery a try?"

"Advocacy groups said that discrimination remains widespread because
even with the ADA protection, very few recovering addicts want to
fight employers in court. In addition, many companies have stereotypes
about people in recovery, mainly because relapse rates are high.
According to a recent survey of people in recovery, 46 percent had
relapsed, and of those, 30 percent had relapsed more than once."

"If one does hire someone like this, it becomes a personal matter, and
one has to take more effort watching and supervising that person. It
is possible to do," said a New York employer who preferred not to be
named. "But if one has a choice between a person who's been addicted
and one who's not, one would go for the person who's not addicted."

"Recovery advocates point out that companies, which are concerned
about stability on the job, have a hard time understanding that
relapse is part of the healing process. "When people who aren't
familiar with the process see the drug addict have a relapse, they
think: 'They're just drug addicts, they're one and the same, they go
back to their drugs,' " said Peter Provet, president of Odyssey House,
a drug-treatment facility in New York. "That perpetuates that negative
stereotype that is dominating the public."




============
FEDERAL JOBS
============

A federal jobs database is available at:

USA Jobs
http://www.usajobs.opm.gov.

You can select job vacancies by Department and Location.
http://www.usajobs.opm.gov/a.htm

You may look at their criteria for qualifications. It is made clear
that they hire without discrimination.


Example:

              
DEPARTMENT OF THE TREASURY                         
INTERNAL REVENUE SERVICE                          
http://jsearch.usajobs.opm.gov/ftva.asp?OPMControl=IO2559

Position: 
CLERK (OA) 
GS-0303-05
Salary: $26,429 - $34,353 per year
Location: Beckley WV

Job description
Qualification

"Selection for this position will be based solely on merit without
regard to color, age, religion, gender, national origin, political
affiliation, disability, sexual orientation, marital or family status
or other differences.


===
 
 Since certain jobs allow for online application, I also went through
an online application process to see if the initial application asked
anything about prior alcohol abuse. There were no questions in that
vein. The only mention of substance abuse pertained to drug screening:

"OTHER SIGNIFICANT FACTS: 


DRUG TESTING: All non-DHS selectees for this position will be required
to submit to urinalysis to screen for illegal drug use prior to
appointment. This position is designated for testing for illegal drug
use; incumbents are subject to random testing.

All applicants will be considered without regard to race, color,
religion, national origin, marital status, political affiliation, age,
sex, sexual orientation, handicapping condition, membership in an
employee organization, or any other non-merit factors.

This agency provides reasonable accommodation to applicants with
disabilities. If you need a reasonable accommodation for any part of
the application and hiring process, please notify the agency. The
decision on granting reasonable accommodation will be on a
case-by-case basis.


===


 These days, in fact, it is not necessarily the norm to be severely
penalized for having a substance abuse problem while employed. One
example is the "Operation Red Block" Program instituted by United
Transportation Union and the Brotherhood of Locomotive Engineers.
http://www.utu.org/DEPTS/PR-DEPT/REDBLOCK.HTM 

 In this instance, employees who currently have a substance abuse
problem are given one opportunity to utilize company-sponsored
counseling - "all without job loss, threat of punitive action or
marring of personnel records." The employees is than able to return to
work, provided the violation is a one-time occurance - after a
probationary period and participation in an "Employee Assistance
Rehabilitation Program."
 

==
 

From "Drug Free Worplace Programs." Division of Workplace Programs.
http://workplace.samhsa.gov/DrugFreeWP/DefNPurpose.html
 
 The Policy of the Drug Free Workplace has also been implemented in
many businesses to ensure that substance abuse is kept at a minimum.
In most cases, if an employee has an existing problem, the company
"spells out what kind of assistance will be provided to substance
abusers who voluntarily report their abuse problems or have been
identified as a drug or alcohol abuser through other means."


===

 
 I trust the above information answers your questions. If anything is
unclear, please don't hesitate to ask for clarification * before *
rating my answer and I will be happy to help if I can.


 Once again, I wish you the best of luck for your future!


umiat-ga


Google Search Strategy
Federal Aviation Administration
FAA pilot exams AND alcohol recovery
federal government jobs AND alcohol recovery
must job applicants disclose alcohol rehabilitation?
johnster-ga rated this answer:5 out of 5 stars and gave an additional tip of: $15.00
Everything was answered to my satisfaction and then some.

Comments  
Subject: Re: Alcohol Recovery Centers , Consequences for employment or training, e.g. FAA
From: umiat-ga on 22 Jun 2003 07:50 PDT
 
I am so glad I could help. Thank you for the generous rating and tip!
Subject: Re: Alcohol Recovery Centers , Consequences for employment or training, e.g. FAA
From: johnster-ga on 22 Jun 2003 09:12 PDT
 
Job well done. I have a similar question regarding the ranking of
recovery centers. How do I ask for you again?
Subject: Re: Alcohol Recovery Centers , Consequences for employment or training, e.g. FAA
From: umiat-ga on 22 Jun 2003 13:01 PDT
 
johnster,

 I would love to have the opportunity to answer another question. If
you desire, simply say "for Umiat" in the title, and the question will
be directed to me.

 Thanks!

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