What happens if you take a drug test and end up with a positive result, but you never took any drugs? Can you convince the FAA not to revoke all of your certificates if you tell them you don’t know how the drug metabolites ended up in your drug test result? This so-called “unknowing ingestion” affirmative defense has been tried, but, unfortunately, with little success. For a discussion of a recent NTSB decision analyzing this very situation, please read my latest article on the topic: Unknown Or Inadvertent Ingestion: An Unconvincing Affirmative Defense To A Positive Drug Test Result.
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Is Unknown Ingestion A Valid Defense To A Positive Drug Test Result?
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Greg Reigel
Greg has more than two decades of experience working with airlines, charter companies, fixed base operators, airports, repair stations, pilots, mechanics, and other aviation businesses in aircraft purchase and sale transactions, regulatory compliance including hazmat and drug and alcohol testing, contract negotiation, airport grant assurances, airport leasing, aircraft related agreements, wet leasing, dry leasing, FAA certificate and civil penalty actions and general aviation and business law matters.
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