Addicted to government regulation
Barack Obama has been talking recently about lifting corners of the regulatory blanket that smothers American business (nytimes). Let’s see how it would work in aviation.
Due to a train crash that was blamed on a marijuana-smoking driver, the federal government in 1991 imposed mandatory drug and alcohol testing requirements on transportation workers. Though no commercial airplane crash has ever been attributed to illegal drugs, every airline in the U.S. is required to do the following:
- train all managers to recognize when employees are on drugs and to learn the cool street names for cocaine, PCP, etc.
- train all employees to learn about how their employer might catch them via a random drug test
- request records from previous employers to make sure that the potential employee hadn’t tested positive in the past
- send the prospective employee for an initial drug screening
- surprise the employee every now and then and drag him or her off for an on-the-job drug test, then argue about the results and maybe send the employee into rehab or tell him to lay off the poppy-seed cake or whatever
[spelled out in detail at http://www.dot.gov/ost/dapc/NEW_DOCS/part40.html ]
For United Airlines, this isn’t an enormous cost and, since no stoner pilots have crashed Boeing 757s, the system is obviously working (let’s ignore the fact that no stoner pilots crashed Boeing 757s prior to 1991 either).*
How does it work for Joe Barnstormer, who gives biplane rides from underneath a shade tree next to a grass runway? Whose passengers meet Joe face to face prior to flight and could decide for themselves whether or not he inspires confidence? The government’s rules for Joe are … exactly the same as for United Airlines.
- Joe must take U.S. DOT-approved training to learn how to recognize when his employees (in this case, just himself) are on drugs.
- Joe must take U.S. DOT-approved training to learn how to recognize when his boss (i.e., himself) can catch him with a surprise drug test.
- Joe must send letters to his former employers to see if he failed any of the previous drug tests that he took
- Before he hires himself, Joe must take a pre-employment drug test to see if he has fooled his potential new employer (himself) into thinking that he is clean.
- Joe must pay a fee to a random selection service that will email him when it is time for a drug test. When the email shows up, Joe is supposed to wait for the next convenient time that Joe shows up to work, then surprise himself by sending himself to the drug testing lab.
Could any politician or bureaucrat revisit this rule? How would they respond to “Isn’t an American who takes a biplane ride entitled to the same level of protection from drug abuse as an American who buys a ticket on United?”
The only argument against imposing the same regulations on a small business as on a multi-national are that the cost will put the small company at a disadvantage or push it into insolvency. Government almost by definition does not consider the costs it imposes on individuals and companies. The big companies with lobbying budgets may not object to regulations that are onerous for their small competitors to comply with.
Almost every government regulation makes at least as much sense as having the single-pilot sightseeing operator surprise himself with a random drug test. It sounded sensible when it was drafted and presumably still sounds like something that keeps the public safe. How could we ever give it up?
*[The logic of the airlines being kept safe by the complex drug testing regulation is similar to that of the man who goes into a psychiatrist’s office with a duck on his head. Psychiatrist: “Why do you keep a duck on your head?” Man: “It keeps the lions away.” Psychiatrist: “But there are no lions in Manhattan.” Man: “See! It works!”]
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