### September 8, 2014 US Department ofTransportation Office of Hearings Washington DC RE: Docket No FAA 2014-316 **5~40** 

### UNiVERSiTY Avr. SouTil,

**F11i1lb.~Nks,** 

### !\1\ 

### 99/09 

# RECEIVED

HEARING DOCKET

1. We prepared a response for the hearing thatwas scheduled for 08/03/2013. The hearingwas never completed as FAA legal did not appearforthe hearing. I

### took aday offfrom flying for a meeting thatwas canceled late in the day of08/13/2013 by telephone. We were informed that itwould be rescheduled but it neverwas. 2. We had made atechnical error regarding the hiring of Robert Osterhoudt. Iwas on an extended field trip atthat time. Mr. Osterhoudtwas on adrug plan with another carrier. My office manager called FairbanksToxicology to send Mr. Osterhoudtfor a pre hiretest and to add him to our roster. Our office manager was informed by Deb Fetters of Fairbanks Toxicology that since he was already on aplan that she would add him to our random roster and he would not need the pre hire test. 

### 3. We are asmall business with 

### 2 full time and 

### 4 parttime employees. 4. We are aGroup IV company. The minimum amount/violation is $500.00. We request the fine be reduced. 5. See enclosed tax returns forthe last 3years and you will see thatwe cannot afford the $8,200 that is requested. 

### 6. Please also see the attached copies ofletters explaining the details ofour mistake.

**Si.J;leerel~** 

### " \ 

# ( _______J_

**<j=\~,_** I James I Hamilton,Jr. Owner/Operator

## ArcticAir'sTaxReturns For2011-2013 AreLocated attheFAAHearingDocket, 600 IndependenceAvenue, SW, Washington,DC20591 See OrderDenyingMotionfor Decision,dated 9/23/2014.

### ·. "'I' _('- 

### I I

May 24. 2012 '! ! **~** 'i I ! ! i

D2miel R. Roman, Inspector FAA Aviation

**~3afety-AVS** Office of Aerospace Medicine Druq Abatement Division 

### 15000 Aviation BLVD, Room 

### 5014 Lawndale, CA 90261
Dear Mr Roman:
Arctic Air Alaska, Inc was in the process of hiring a new mechanic, Robel'! Osterhoudt, whom needed to be added to our Company Drug Program. Icalled Fairbanl<s Toxicology to inquire if it was a convenient time to send an employee for a pre-employment drug test on April 

### 1l, 2012 and mentioned tl1at he was currently under anotl1er company's (Evert's Air Cargo) Drug Program. I was informed Deb Fetters, Office Manager, that a pre-employment test W21S not necessary if he was on anot11er· program but he would be added to our Company Roster. After discussing the issue with James I Hamilton, Owner·/President, we still felt uncomfortable with not conducting a pre-employment test. James Hamilton called again on April ·1s, 2012 to double check with Fairbanks Toxicology that we did not need a pre-employment clrug test for Robert Osterhoudt. He spoke with Deb Fetters and was reassured that we did not need the preemployment drug test. The new hire was added to the Company Roster April 19, 2012 and began working April 23, 

### 2012. Sincerely,



## --'\/1''·, . ,'_./ __; __ ' 'l. Laurie Hege Office Manager

# (!J.( '

### June 22, 2012 File Number: 2012WP910268 Daniel Roman, AAM-850 Federal Aviation Administration Office of Aerospace Medicine Drug Abatement Division 15000 Aviation Blvd., Room 5012 Lawndale, CA 90261 Dear Mr. Roman: 

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# RECEIVED SEP 1 82014 

# HEARING DOCKET

I am writing this letter in response to the apparentviolations discovered during the inspection of Arctic Air Alaska's drug and alcohol testing program. 1. Arctic Air Alaska was mis-informed on the procedures for pre-employment drug testing. We were led to believe that if an employee was currently on another company's drug program that we did not need to have a pre-employment drug test done and simply needed to add the new employee to our company roster. Enclosed please find copies of statements written by Allan Stockbridge, Director of Maintenance and Laurie Hege, Office Manager on May 24, 2012 as to the circumstances. We now understand that all new hires must have a completed pre-employment drug test with results in and confirmed negative before beginning employment. 2. Arctic Air Alaska has received and has kept semi-annual aggregate statistical summaries, which are filed in our records, from Fairbanks Toxicology in which we are included in the FAA Consortium's roster. We have spoke with Deb Fetters, Office Manager, Fairbanks Toxicology and requested the reports be forwarded to Arctic Air Alaska from the lab-Quest Diagnostics in the future. She stated that this was something that had never been requested before and agreed to send the report to us from the lab rather than send the summary from Fairbanl<s Toxicology. We intend to fully comply with the FAA Drug and Alcohol testing programs and will call the Drug Abatement Division with any questions or needed assistance in the future. Sincerely,
James I. 

### Hamilton President/CEO Enclosures

## Letterwritten byDebFetters,Fairbanks Toxicology, DatedJuly 17, 2012,IsAvailable atthe FAAHearingDocket, 600 IndependenceAvenue, SW, Washington,DC 20591 As perJudge Goodwin'sInstructionsJuly 12, 2012 File Number: 2012WP910268 Daniel Roman, AAM-850 Federal Aviation Administration Office of Aerospace Medicine Drug Abatement Division 15000 Aviation Blvd., Room 5012 Lawndale, CA 90261 Dear Mr. Roman, This letter is to confirm that the notes written on the attached copy of a Fax dated April 19, 2012 were written by me. I documented in a quick note on the fax cover sheet my call on 4/17/12 to Deb Fetters, Fairbanks Toxicology. I also documented on another quick note on the same Fax cover sheet the next day afterJames Hamilton (Sandy) called Deb Fetters again. Thank you for your assistance with this matter,
Laurie Hege Office Manager Attachment 

# f-/·.·

# Fax Arctic Air Alaska, Inc. 3540 University Ave. South Fairbanks, Alaska 99709


## From: Date: Pages:

**--~-** 

## To: Phone: office@arcticairalasi<a.com Laurie Hege Office Manager April 19, 2012 cover Deb Fetters 456-4825 Fax: 456-4899

RE: 2"d 

## Quarter Roster 2"" Quarter Roster: James Hamilton: Pilot Taj Shoemaker: Pilot Robert Eubank: Pilot Allen Stockbridge: A & P Mechanic Robert Osterhoudt:A 

### 8, P Mechanic
Thank You,
Laurie Hege 

## Phone: 907-452-1115 Fax: 907-452-3140

' 

# '

Contents of this facsimile transmil"l<'lli'ntendecl for lhE) nbovC:-) nc1rnecl rocipi(mt· only. PleAse r::ontncl 907-452 ·1·115 if this document is roceived in errm.Autumn l<illingham, Attorney Enforcement Division/AGC-300 Office ofthe Chief Counsel Federal Aviation Administration 800 Independence Ave. SW Washington DC 20591. Attention: Autumn l<illingham, Attorney February 11, 2013

RE: Arctic Air Alaska Inc.; Case 2012WP910268
Arctic Air Alaska Inc is a basic air carrier with atotal of5 employees. We have 3 pilots and lmechanic [part time] that are in drug sensitive positions. The 511' employee is our office manager. As President and CEO ofArctic Air Alaska Inc; Iagree thatwe were in violation of 14CFR 120.105. Iwas in the field on an extendedjob during much of this time period. I asked my office manager if Mr. Osterhoudt had received his pre hire drug test. She stated that she had called Fairbanks Toxicology to schedule Mr. Osterhoudt for his prehire test. She was told [in error] that since he was already on another company drug program that he didn't need the test. She assured me that he was added to our random roster. Iwas remiss in not requiring Mr. Osterhoudtto have the test. Mr. Osterhoudt was added to our random drug roster program on April1.9'"- He was still employed as a mechanic for another Air Carrier atthat time. He began working for us on April 23'"- His position was to work in a helpersupervised training program underthe tutelage ofour Director of Maintenance who wanted to retire. We had every intention ofbeing in compliance. We were misinformed that a pre hire testwas not necessary by a Medical Office Provider. Since Mr. Osterhoudtwas still employed by and on another company's drug program, and since we had added him to our company random roster, we thought the bases were covered. It was a mistake thatwas well documented and fully admitted and a mistake thatwill never be repeated. Again, itwas unintentional and a mistake. I believe the fine should be minimal ifat all. Iam not in agreementwith your conclusion that we were in violation of40.111 in regards to having astatistical summary for the period July 1, 2010 to December 31, 201.0. We had the summaryfrom Fairbanks Toxicology for thattime period.

1arn selecting option 3 as Iarn financially unable to pay the civil penalty. Find enclosed rny profit and loss statementfor 2012. I hope to be able to stay in business. Ialso am requesting option 5-The opportunityto discuss this matter informally with an FAA attorney atthe Office ofthe Chief Counsel in Washington, DC.

## Sih~rely, 

# ( '\ l,,_,-**~**

# .... - Jame I. Hamilton CEO/President

### US DepartmentofTransportation Office of Hearings Washington DC RE: Docket No FAA 2014-316


### 1. We prepared a response forthe hearingthatwas scheduled for 08/03/2013. The hearing was never completed as FAA legal did not appear forthe hearing. Itook aday offfrom flying for a meeting thatwas canceled late in the day of08/13/2013 by telephone. We were informed that itwould be rescheduled but it neverwas. 2. We had made atechnical error regarding the hiring of Robert Osterhoudt. Iwas on an extended field trip atthattime. Mr. Osterhoudtwas on adrug plan with another carrier. Myoffice manager called FairbanksToxicology to send Mr. Osterhoudtfor a pre hire test and to add him to our roster. Our office managerwas informed by Deb Vetters of Fairbanks Toxicology that since he was already on a plan that she would add him to our random roster and he would not need the pre hire test. 3. I know that he needed a pre hire test. 4. We are a small business with 2full time and 4 parttime employees. 5. We are a Group IV company. The minimum amount/violation is $500.00. 6. See enclosed tax returns for the last 3years and you will see thatwe cannot afford the $8,200 that is requested. 

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