The last time we encountered Clayton Osbon, he was strapped to a gurney after being forcibly removed from an airplane. Osbon was a Jet Blue pilot who had a psychotic break during a flight from New York to Las Vegas back in March. He randomly flipped switches in the cockpit, turned off the radio and told his co-pilot that “things just don’t matter.” When he left the cockpit to go to the bathroom, the co-pilot locked him out of the cabin, after which he ran up the aisles, shouting incoherently about religion and terrorists. The flight was diverted to Amarillo Texas, where Osbon was arrested and charged with interfering with a flight crew – his own, as he was crew leader.
The psychotic episode lasted about a week. After a July trial, Osbon was sent to a prison medical facility in North Carolina for evaluation. He apparently suffered another psychotic episode in prison – a significant event, as it demonstrated that his illness was not a one-time incident caused by the combination of sleep deprivation and substance abuse.
At a recent hearing in Amarillo, a forensic neuropsychiatirst testified that Osbon had experienced a “brief psychotic episode” brought on by lack of sleep. Osbon was found not guilty by reason of insanity. The medical records are sealed – as they should be – but the requirement that Osbon attend a treatment program for substance abuse makes it clear that drugs or alcohol were a factor in the incident. U.S. District Judge Mary Lou Robinson has prohibited Osbon from boarding an airplane without the court’s permission; he and a Jet Blue colleague had to drive the 1,300 miles from Georgia to Amarillo for the hearing. The court has also ordered him to seek alternative employment, as his prospects for flying an aircraft are likely gone forever.
Living with Mental Illness
Given his age (49) and the court directive to find alternative employment, Osbon finds himself in the same position as injured workers in the comp system whose disabilities prevent them from returning to their original jobs. As a pilot, Osbon has a formidable set of transferable skills, which theoretically should make finding a new career relatively easy. It is likely, however, that his earnings capacity will be severely reduced. In addition, given the fragility of his current mental state, he may be months away from being able to function in a work environment.
In the course of a few days in March, Osbon went from being a skilled and productive member of society to a confused, fragile individual incapable of functioning in the world as we know it. He is fortunate to be supported by his family – often the sine qua non of survival for people with mental illness. In rebuilding his life, Osbon faces the burden of demonstrating to others – and to himself – that he can once again be sane, reliable and stable.
Osbon’s story embodies mystery – and agony – of mental illness. In his case, psychosis appears to have been triggered by a combination of sleep deprivation and substance abuse. But taking it one step further, perhaps the sleep deprivation and substance abuse were part of a desperate effort to mask and subdue a more primal turmoil in his mind. We only know the end result of that fierce inner struggle: a battle was lost, at least for the moment, and Osbon now faces a future where every gesture is scrutinized with fear and every day looms with uncertainty.
Formidable challenges now confront Osbon and those who support him: the search for a return to the simple joys of everyday life, where he can be comfortable in knowing who he is and what he needs to do. We can only wish him well.
Posts Tagged ‘substance abuse’
Mental Illness in the Cockpit, Revisited
Tuesday, November 13th, 2012Fresh Health Wonk Review; Safety resources
Thursday, April 16th, 2009Glenn Laffel has a a new edition of Health Wonk Review posted over at Pizaazz – the “US Health Care Carousel of Progress” edition. Glenn is one of our newest contributors to HWR – check out his blog, too.
Coal Mining – Check out Coal Tattoo, a blog by Ken Ward Jr. award-winning reporter at The Charleston Gazette who has been covering the Appalachian coal industry for nearly 20 years. We’ve previously featured some of his reporting in our post The sad, quiet death of Bud Morris – father, husband, motorcycle afficianado. Unfortunately, he is reporting on sad, quiet deaths all too often. He talks about the interesting origen of his blog name on his bio page.
Good asbestos resource – The Mesothelioma Cancer Center is a valuable resource. The site has more than 3,000 pages of information on asbestos, mesothelioma, and other cancers that are caused by asbestos exposure (lung cancer, breast cancer, prostate cancer, etc.).
Substance abuse – OSHA reminds employers that April is Alcohol Awareness Month. Safety Advisor offers us a look at some sobering facts about alcohol and employee health. OSHA offers various tools addressing workplace substance abuse and Drug and Alcohol-Free Workplace Programs.
Lightning safety – With the good weather coming, Eric at The Safety Blog offers some good seasonal safety advice: Lightning Safety Guidelines.
News roundup: blogs, RTW, meth users, ethics, and more
Monday, February 6th, 2006Insurance weblogs. We are featured in an article about weblogs by Therese Rutkowski that appeared in the December issue of Insurance Networking News: Online Soapboxes Get Down to Business. Several of our fellow bloggers are cited too.
Returning to Work: Overcoming Injury and Achieving Success – an article written by Kurt Schuhl and Michael McMahon the January issue of Risk Management magazine.
Meth abusers cost employers millions – A recent study determined that each meth-using employee costs his or her employer $47,500 a year in terms of lost productivity, absenteeism, higher health-care costs and higher workers’ compensation costs.
Off-the-job injuries – A Stockton California police officer was denied workers comp for an off-duty injury he suffered while playing basketball. According to the court: “When an employee is injured during voluntary, off-duty participation in a recreational, social, or athletic activity, Labor Code section 3600, subdivision (a)(9) provides that the injury is not covered by workers’ compensation, unless the activity was “a reasonable expectancy of” the employment or it was “expressly or impliedly required by” the employment.”
The Weekly Toll. – Tammy at Confined Space reminds us all of the real reasons why we should be doing the work that we do – a grim reminder to redouble our efforts to keep workers safe.
Immigrant worker injuries – Our colleague Peter Rousmaniere points to a recent Massachusetts study that offers a breakdown of hospitalizations by medical diagnosis, job and ethnic orientation. The study shows a relationship between the type of job and the type of injury.
Drug dispensing by docs – Joe Paduda notes that workers comp prescription drug costs are driven by utilization and price. But are some docs compromised by a profit motive via on-site dispensaries now in vogue?
Looking out for the workers – RawblogXport reminds points to an item that paints a dismal portrait of the economic status of the American worker, who is working harder and longer for less pay. “For the first time on record, U.S. household incomes failed to increase for five straight years – and that record includes the Great Depression. And the minimum wage, adjusted for inflation, is actually worth less today than it was before the last increase was passed 10 years ago”
Is the U.S. economy strong? – In terms of wages and jobs, the U.S. economy is not as strong as it might appear, according to some recent economic studies, and as reported recently in the New York Times.
Ethics – According to a survey by theAmerican Management Association (AMA), pressure from management to meet unrealistic business objectives and deadlines is the leading factor for most unethical corporate behavior. The desire to further one’s career and to protect one’s livelihood are ranked second and third, respectively, as leading factors.
Scandal watch. Speaking of ethics, Business Insurance reports that an AIG settlement with the SEC and the NY AG may be pending. Meanwhile, Judy Greenwald speculates that there may be bigger fish to fry in the wake of recent indictments of senior execs at General Re Corp. and American International Group Inc.
Alcoholism and Work: The Devil’s Brew
Tuesday, July 26th, 2005We begin today’s blog not in the workplace, but in the home. The family basement, to be exact. According to the Detroit Free Press, Merle Rydesky wrapped a chain around his 57-year-old alcoholic brother’s neck, binding the other end to a bedpost in the basement. He padlocked the chain, pocketed the only key and left for work. His was trying to keep his younger brother sober, he said, in hopes of getting him into a treatment program. His brother had to stay sober for five days before he could be admitted to a detox program.
About four hours later, James Rydesky was found dead in his Dearborn MI home, choked to death by the chain wrapped over a basement banister, his body hanging in a semi-seated position. His elderly mother found the body.
The most surprising part of this story is that Merle Rydesky is a well-respected doctor who chaired the emergency medicine unit at Providence Hospital in Southfield for 20 years. He obviously did not specialize in substance abuse! Rydesky was spared any prison time by pleading guilty to involuntary manslaughter.
Rydesky’s dubious approach to detoxifying his brother raises a number of interesting issues related to drunkeness. We’ve been here before — in the high profile cases where employers are confronted with employees who drink. We recently profiled the case of Thomas Wellinger, who may qualify for the Guinness Book of Records for his blood alcohol content of .43. Driving in a drunken stupor, he wiped out a mother and her two sons — but as is so often the case in these tragedies, he himself survived and now faces serious criminal charges.
And in Newsday here’s yet another affluent individual whose driving has destroyed the lives of others and brought his own life to the verge of prison. This time it’s a well known trial attorney named Keith Kalmus. Prosecutors say Kalmus was driving at 85 mph in a 30 mph zone, lost control of his Ford Explorer and swerved into the eastbound lane, colliding with a Subaru sedan. The collision killed Belgian visitor Eva Bertuccioli-Krapfenbauer, 65, and critically injured her sister, Margot Krapfenbauer of Austria, and her son Claudio Bertuccioli and his wife, Rebecca McMillin, both of Brooklyn.
Alcoholism as Disability
There is little question that alcoholism is a life-threatening condition. What makes it unusual is that the threat is not just to the alcoholic, but encompasses immediate family members (just ask Dr. Rydesky) and innocent bystanders as well. It is considered an illness, but unlike most illnesses, theoretically the alcoholic can sober up at any time. This is one illness from which you can walk away when you are ready.
Under the ADA, recovered alcoholics are considered individuals with a disability and as such are protected from discrimination. However, the ADA draws the line at active drinking. Once employees “fall off the wagon,” they are no longer protected by the ADA. (Some state disability laws, however, expect employers to take proactive steps to help the relapsed employees enter a treatment program.) When employees have a drinking problem, employers are faced with a lot of uncertainty — up to a point. As soon as the drinking endangers the employee and or others, employers are expected to take decisive action.
Responding to Impaired Employees
We’ve been tracking the Wellinger case from the perspective of liability: who will pay the price for Wellinger’s appalling performance behind the wheel? His lawyers have taken steps to protect his assets, putting a valuable vacation home into a trust — and thereby out of the reach of his victims’ family. The search continues for the party or parties who provided the alcohol to fuel his astonishing blood alcohol level. Was it a package store? A bar? Most important for our purposes, what did the employer know about his impaired state? Did they allow him to drive off drunk, without taking appropriate action to protect the general public? If the employer had any knowledge of his drunken state, they will assume at least some of the liability for his actions, because they failed to notify the police of the immanent danger.
We encourage employers to have written policies to ensure a drug and alcohol free workplace. Most do. The problem is in the execution. How do you enforce the policy? How do you balance the privacy concerns of the employee with the obligation to provide a safe workplace? Most important, how should you respond when you become aware of a potential danger? Let’s say you take what you think is appropriate action because someone has a history of alcoholism and you think they look impaired, but it turns out you are wrong. They are perfectly sober. If you are not very careful, your “action” may be an act of discrimination. On the other hand, you have a popular employee who has four alcoholic drinks at lunch, but you take no action, because he’s such a good guy. He drives off and wreaks havoc on the road — and because you had knowledge of the drinking, you are liable for your failure to take action. Talk about being between a rock and a hard place!
These situations do not arise in a vacuum. I was struck in the Wellinger story about the months preceding the accident. He had gone through a painful divorce. Evidently, he was very distraught by the breakup. He was a good employee going through a rough time. I wonder what the employer did to support him during his troubled divorce. I wonder if they encouraged him to get help. I have no idea whether his drinking prior to the divorce was a problem, but he clearly began drinking more and more heavily after the divorce, building a remarkable tolerance that enabled him to reach nearly impossible blood alcohol levels. Did his supervisor look the other way? Did co-workers feel too embarrassed to question him? Did they simply hope the problem would go away? The truly sad part is that their failure to intervene probably contributed not only to the deaths of three innocent people, but to the end of Wellinger’s career as well.
Communicate!
If there is a single answer to these problematic situations, it’s keeping the lines of communication open. Management requires open eyes and, to the degree possible, open hearts. There are unthreatening ways of initiating a dialogue with troubled employees. It’s not easy, but considering the devastating tales in today’s blog, it’s well worth the effort.
