The FAA’s revocation of a pilot’s airman certificates because he “refused” a mandatory drug test could have implications for maintenance employees who are subject to FAA random drug testing. On February 25 the Court of Appeals ruled on the FAA’s revocation of Dr. Fred Pasternack’s airman certificates on the grounds that the Manhattan cardiologist refused to take a mandatory drug test. The NTSB upheld the revocation order and Pasternack brought it to the United States Court of Appeals, District of Columbia Circuit (Pasternack v. NTSB, Fred Leroy Pasternack, petitioner v. NTSB and FAA, respondents).
While the Court of Appeals granted Pasternack’s petition, vacated the Board’s decision and remanded it to the Board for further proceedings consistent with the opinion, it is still not clear that the NTSB is compelled to reverse its decision and order reinstatement of Pasternack’s certificates.
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