ARTICLE 15. PHYSICAL STANDARDS AND EXAMINATIONS
A. COMPANY PHYSICAL STANDARDS AND EXAMINATIONS
standards for Company physical examinations shall be no more restrictive than
those standards set forth in the Federal Regulations and Waiver Policy to
maintain an FAA Medical Certificate for Air Line Pilots.
2. It shall be the
responsibility of each Pilot to arrange for regular medical examinations by a
qualified aeromedical examiner of the Pilot’s choice, as required by the
Company shall provide a written reminder to the Pilot at least thirty (30)
calendar days prior to the expiration of his certificate.
b. It is the
responsibility of the Pilot to provide the Company’s Training Department a copy
of his new medical certificate at least five (5) calendar days before his old
medical certificate expires. The Pilot shall promptly contact the Training
Department in the event of unforeseen problems regarding this requirement.
c. The cost of required FAA physical examinations shall be borne by the Company.
B. COMPANY-REQUIRED EXAMINATIONS
1. The Company may require the Pilot to submit
to a medical examination by a qualified Company-designated medical examiner
should the Company have reasonable cause to question the medical qualification
of a Pilot under the provisions of Paragraph A., (above), either to remain on
flight status or to return to flight status after an illness or a medical
leave. Should the Pilot request, the
Company shall provide him with a written statement of the questions it has
concerning his medical fitness prior to his examination date.
2. The cost of the
Company-required examination shall be borne by the Company. In the event the
examination is held at a location other than the Pilot’s domicile or place of
residence, the Pilot shall receive reimbursement for actual and reasonable
expenses incidental to his attendance. A Pilot shall suffer no loss in pay as
the result of attending any medical examination conducted in compliance with Paragraph
B. 1. of this Article.
3. Any Pilot who fails to pass the Company physical examination will be removed from flight pay status and, based on eligibility, may be placed on sick days, medical leave, or such other applicable status as may be provided in this Agreement. Such Pilot may, at his option, have his case reviewed in the following manner:
a. He may employ a qualified medical examiner
of his own choosing and at his own expense to conduct a physical examination
for the same purpose as the physical examination made by the medical examiner
designated by the Company.
b. A copy of the
findings of the employee-designated medical examiner will be provided to the
Company, and in event the findings confirm the results of the
Company-designated medical examiner, no further medical.review of the case
shall be afforded.
c. In the event
that the findings of the employee-designated medical examiner disagree with the
findings of the Company-designated medical examiner, the Company will, within
thirty (30) calendar days, at the written request of the employee, ask that the
two (2) medical examiners agree upon and appoint a third qualified and
disinterested medical examiner, preferably a specialist, for the purpose of
making a further physical examination of the employee.
d. The third party
medical examiner will make a further
examination of the Pilot within a thirty (30) calendar day period, and
the case shall be settled on the basis of his findings.
e. The expense of
employing the third party medical examiner shall be borne one-half (.5) by the
Pilot and one-half (.5) by the Company. Copies of the third party medical
examiner’s report will be provided to the Company.and to the Pilot.
4. Medical records and other information obtained as the result of a Company-required medical examination or subsequent examinations pursuant to Paragraph B. 1. (above), shall be treated as confidential. To the extent possible, access to such records and information shall be restricted to only that information required to resolve medical fitness issues and only those individuals with a bona fide need for such information.
C. SUBSTANCE TESTING
1. The Company shall require Pilots to undergo
drug and alcohol testing to the extent required by Federal Regulations and
Company policy. The Company shall provide the Association with a copy of its
drug and alcohol testing policy, as applicable to Pilots.
2. Where, because
of a Pilot’s actions, conduct or appearance on the job, the Company has
reasonable cause to suspect that the Pilot is under the influence of alcohol,
drugs, or other controlled substances, the Pilot will be requested to
immediately submit to screening tests, including breathalyzer and urine
testing. A Pilot who refuses to participate in the testing will be subject to
appropriate action by the Company.
3. A Pilot who fails to comply with Federal or
Company standards on drug and alcohol use will be subject to appropriate action
by the Company.
4. The Company will assure that personnel
administering Company drug and alcohol tests comply with all applicable Company
policies and Federal Regulations governing such tests.
5. A Pilot requested to submit to a drug and
alcohol test shall suffer no loss of pay resulting from his participation in
such test(s) if the test(s) results are negative.
6. When a Pilot is required to undergo drug
testing, the Company will utilize a “split sample” procedure.
a. One sample shall be used for the test. The
cost of maintaining the “chain of custody” and the test itself shall be borne
by the Company.
b. The second
sample shall be retained and stored in a manner which shall preserve its
validity as a testing sample and which complies with “chain of custody”
c. In the event the
first sample tests negative, the second sample shall be destroyed.
d. In the event the
first sample tests positive, the Pilot may direct, within seventy-two (72)
hours of notification, that the second sample be tested by a NIDA (National
Institute of Drug Abuse) certified laboratory of his choice. The Company shall
bear all costs associated with the forwarding and testing of the second sample.
7. If the FAA requires, or the Company makes,
any change(s) to the drug and alcohol testing program, the Company shall notify
the Association prior to the implementation of the change.
a. The parties shall meet and confer on the
manner in which the change(s) is to be accomplished.
b. Should the Company be required to implement any changes before conferences can be held, the conferences shall occur within thirty (30) calendar days of implementation of the changes.