# E ECUTIVE FL!TEWAVS ONE CLARKDRIVE, RONKONKOMA, NY 11779 (631) 588-3480 ext. 128 fax: (631) 588-5527

April25, 2014 Han. J. E. Sullivan, Administrative Law Judge Office of Hearings, M-20 

# RECEIVED
U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E. (E11-310) Washington, DC 20590 FAA: Docket No. FAA-2013-1085 FAA Case No. 2012S0950377 Judge Sullivan, 

## MAY -2 2014 

## HEARING DOCKET

We are in receipt ofthe motion filed by Mr. McKinley claiming that Executive Fliteways, Inc. did not respond to the Complaintfiled on March 11, 2014 within the prescribed period ending on April 20, 2014. Attached is a copy ofthe response to that complaintwhich is dated March 19, 2014 and had been sentvia facsimile and USPS certified mail. Ihave also attached a copy ofthe return receipt dated March 26, 2014 thatwas signed for by an M. Scott. I respectfully requestthat Mr. McKinley's motion be denied and thatwe continuewith the planned teleconference call on May 29, 2014. Respectfully, 

# lf;7**Ken~t~**Gray

DirectorofOperations, Executive Fliteways, Inc. Attachments Responseto Complaint dated March 19, 2014 Copy ofCertified Mail Return Receipt Cc: Hearing Docket Clerk, AGC-430 Mr. Michael F. McKinley Sentvia facsimile and USPS Certified Mail

# E ECUTIVE FL!TEWAVS

March 19, 2014 Federal Aviation Administration 800 IndependenceAvenue, S.W Washington, DC 20591 ONE CLARKDRIVE, RONKONKOMA, NY 11779 (631) 588-3480 ext. 128 fax: (631) 588-5527 

# RECEIVED

Attn: Hearing Docket Clerk, AGC-430 WilberWright Building, Suite 2W100 

## MAY

-

## 22014 

## HEARING DOCKET

RE: FAA Case No. 201250950377 Please consider this letter Executive Fliteways' Inc. written response to the Complaint thatwe received on March 11, 2014. Complaint item number 4. Fliteways failed to conduct random drug and alcohol testing in accordance with the procedures set forth in 14 C.F.R. part 120 when they did not include mechanic Leon Parra in the random testing pool: Mr. Parra received a pre-employment drug test and was enrolled in the N.A.D.E. random pool via facsimile. For some undetermined reason, Mr. Parra's name did not appear in the random pool, however he was continuously under the assumption that he was subject to random alcohol and drug testing. The 16 months that elapsed between his pre-employment drug test and the recognition of our omission was not an uncommon period oftime between random tests. Looking back since 2010, the average period between random tests for all our covered employees is over 30 months! Immediately upon recognition of the om1ss1on of Mr. Parra from the random pool, Fliteways self-disclosed the apparent omission to the FAA and sent Mr. Para to a testing facility for a random drug test which came back negative. It is Fliteways' contention that the inadvertent omission of Mr. Parra in the random testing pool does nottruly represent aserious safetyviolation. Fliteways has instituted a procedure to preclude this type of error for all future new hires. Complaint item number 5. Fliteways failed to conduct a drug and alcohol records check on Michael Martinez, Peter Schouwenaars, and Leon Parra prior to hiring them to perform safety-sensitive functions. Prior to this most recent audit of our Drug and Alcohol Testing Program, Fliteways, had never requested drug and alcohol records from previous employers for new hire maintenance technicians. In the four previous audits of our Drug and Alcohol Testing Program, no mention of this omission has ever been cited by any ofthe auditors. Additionally, until recently, we have neverreceived a SINGLE request for the records for any maintenance technician that had left our employ and went on to work for other FAR Part 121 or 135 carriers or the Long Island Railroad! Our procedures manual has been amended to reflect the requirement to obtain these records for all future maintenance technicians. All technicians, in addition to their peremployment drug tests were subjected to a Criminal History background check and a check of their driver's licenses for any alcohol or drug related violation. All were negative. Complaint item number 6. Fliteways violated 14 C.F.R. part 120 when they included non-safety-sensitive employees in the same random drug and alcohol testing pool as DOT covered safety-sensitive employees. It was explained to the auditor that each of the individuals listed had unregulated access to company aircraft, were authonzed to energize aircraft systems and assisted in aircraft towing operations. Based on the "spirit" of the law, it seems that these employees did perform safety sensitive functions. Consequently, we felt it prudentto conduct pre-employmenttesting and include these employees in the random testing pool. Once again, in all previous FAA audits this was never cited as aviolation. However, the auditor demanded that they be removed from the random pool with which we immediately complied. The fact that we incurred the additional expense to include these individuals in the testing program should be proofthatwe take our responsibilities to provide our passengers with aircraft operated and maintained by employees that are free ofthe effects ofdrugs and/or alcohol. The three violations that were cited were addressed immediately upon discovery and actions have been taken to prevent recurrences. Please advise the date and location of the proposed hearing as I look forward to presenting our case that each ofthese issues is ofsmall consequence in regards to ensuring that ourworkforce is drug free and never operating underthe influence ofalcohol.
Sincerely,

Kenneth S. Gray Director ofOperations Cc: John W. Grillo, PresidentII Complete items 1 12, and 3. Also complete item4 if Restricted Delivery isdesired. • Printyour name and addressohthe reverse

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