Editorial: Crisis of Confidence

By Ed Downs

The crash of Germanwings Flight 9525 has left the entire aviation community stunned and horrified.  It is becoming increasingly clear that this terrible loss of life was not the result of an accident, but of murder.  It is also being disclosed that the co-pilot who perpetrated this mass murder was mentally unstable, and that a large number of individuals knew that.  How can such a thing happen?

First, and most importantly, the staff of In Flight USA extends our sympathies and prayers to the families and friends of those lost.  Such words are appropriate, but we understand they are completely inadequate.  We are so sorry.  The entire aviation community is looking inward to see how such a tragedy can be avoided in the future.  Sadly, this is not the first time a flight crew member has taken the lives of innocent passengers while trying to satisfy a raging desire to “get even” by ending their own lives and the lives of innocent others.  Suicide remains a difficult problem in many societies, as medical experts try and figure out why it is that seemingly rational people having no connection to any form of “suicide culture” feel that taking their own life is somehow a solution to supposed unsolvable problems.

But now comes the self-examination and proposal of solutions and rules that will be aimed at preventing such an event from happening again.  The large number of pilots reading these opinions will be confronted by non-flying friends and family with the question, “What is the FAA doing about this?”  Now comes a time when knee jerk regulations might be passed that propose to solve the threat of suicidal pilots by simply enforcing medical standards and examinations that will virtually eliminate average people from becoming a pilot.  So, what can you say to non-flyers about how America deals with mental issues that can lead to disaster?  On the positive side, American pilots are highly regulated, with FAR 61.16, 61.23, 61-53, 91.19 and 91.1047 all addressing the pilots’ responsibilities to be healthy, both physically and mentally, when they act as pilot in command.  There are probably more regs this writer has missed.  Health issues are not swept under the rug.  Additionally, all pilots are now trained in the skills of Aeronautical Decision Making, or ADM.  This is psychological training that deals heavily with the human factors side of flying.  ADM skills are tested in the written exams and on the practical flight test.  Nearly 1/3 of the mandated hours in Flight Instructor Refresher Clinics dwell on human factors topics.  The Operations Specifications under which airlines and charter companies fly (a private set of rules approved by the FAA for commercial operators) are required to address a variety of human factors, wellness, drug and alcohol issues.  Finally, as openly discussed in the media, U.S. airlines must have a second person in the cockpit at all times, or the cockpit door must be secured in an open position while being blocked from the cabin.  Finally, there are the medical certificates that we all carry, unless exercising the privileges of a Sport Pilot.  Certainly, that medical certificate helps keep us safe, right?

There is no doubt; aviation in America takes the wellness of pilots seriously.  This writer pondered the difficulties involved in spotting an issue involving illness, either physical or mental, and reflected upon anecdotal experience.  How has the FAA medical system worked out?  The fact is, pilot health is on the honor system.  Every professional pilot knows that his/her career is but one FAA medical exam away from being over.  It is not the employer who will fire a pilot for reporting a medical issue, but the loss of the government issued medical certificate that prevents the pro pilot from working.  Thousands of corporations and businesses deal with employee medical issues on a daily basis, with no threat of job loss.  Medical leave, general leave of absence, and company sponsored health programs that include drug and alcohol rehabilitation, plus mental health services are common … but not for professional pilots.  Their medical fate is determined by a government bureaucracy, with the employer standing aside, simply letting the bureaucracy make a decision as to whether or not a pro pilot can continue to work.  The company, which may have hundreds of thousands of dollars invested in a professional pilot, has no way of salvaging their investment.  The FAA medical system is not designed to help pilots stay healthy, but simply to prevent a pilot who fails to meet an arbitrary standard from flying.  Supposedly, this benefits the flying public.  This reality causes thousands of pilots to protect themselves by dealing with medical issues “in the dark,” out of the prying eyes of regulators.  Too strong of a claim?  Let this writer extend a challenge.  I want to hear from any pilot who has NOT, as some point in time, omitted or failed to report some form of medication or minor medical event when taking an FAA medical exam because “you simply did not think it was important.”  In doing so, you have violated the law.  It is a big club.  It is this writer’s opinion that a strong case exists that it is the mandatory medical certificate that prevents pilots from “fessing up” and getting help that could correct both physical and emotional issues.  This writer knows of a remarkable airline (to remain unnamed and no longer under the same managment) with a flight management team that dealt with health issues head on, and privately.  A pilot, or cabin crew member, with a problem (physical or mental) could approach flight management through their union for help.  Other crew members could report on behavior that concerned them, privately, with no concern of retaliation.  The company would arrange for the troubled person to meet with an aero medical expert, who would employ other specialized resources, if needed.  A leave of absence would be arranged, quietly, if needed.  Long term issues would include a fixed base pay being paid to the crew member while under treatment.  Unresolvable problems typically resulted in another job being offered in the company or an early retirement.  All of this was done without FAA involvement.  Nothing this airline did is in violation of FAA regulations.  Procedures requiring a report upon application for a medical certificate were reported, but simply after the problem was corrected and all required testing and care administered.  I know lawyers reading this will be appalled by the liability being taken on by this unnamed company, but hiding behind the FAA will not soften aggressive lawsuits if a problem goes unreported.  Lufthansa is about to learn this truth.  Actually, this airline was doing little more than many corporations do.  The flight crews working for this airline knew the company “had their six,” with productivity and morale reflecting that fact.  Flight crew members with a problem had confidence that reporting their issues to proper union or company management served to protect them from loss of license.  Was such a culture in place at Germanwings?

Perhaps it is time for Congress to take a long hard look at the FAA medical division.  Sport Pilots already fly without medical certificates.  Both an NPRM and Federal legislation are in play to eliminate the third class medical for Private Pilots.  Perhaps it is time for regulations to address health from a required performance standpoint, with airlines required to incorporate a health system within their Operations Specification.  Perhaps it is time to realize that the FAA medical system is nothing less than “go