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Everything posted by DiverMike
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Aren't lawyers regulated by other lawyers? For the same reason I jump off a perfectly good diving board.
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Staff Drug Testing as a Condition of Employment.
DiverMike replied to matthewcline's topic in General Skydiving Discussions
And there is a benefit for doing it, otherwise the employer wouldn't do it just to be fascist. Our company workers compensation premium is reduced if we play with our employees pee. We also can't bid on state or federal work unless we play with the aforementioned pee. For the same reason I jump off a perfectly good diving board. -
Staff Drug Testing as a Condition of Employment.
DiverMike replied to matthewcline's topic in General Skydiving Discussions
It is my understanding that the drug test for the presence of 11-OH-THC is a blood test and that the levels of 11-OH-THC versus 11-COOH-THC cannot be determined by a urine test. As the statutes exist today, the non psychoactive 11-COOH-THC presence in urine indicates 'under the influence'. We can all thank Nixon for his war on drugs. I hope someday the test for 11-OH-THC can be done on urine or saliva. That would make the determination of impairment easier. For the same reason I jump off a perfectly good diving board. -
Staff Drug Testing as a Condition of Employment.
DiverMike replied to matthewcline's topic in General Skydiving Discussions
As long as it is 8 hours between bottle and throttle there is no issue. (Assuming you didn't binge drink over 8 servings an hour). THC is absorved by fat cells and can remain detectable in the body for weeks. Daily use would be detectable, and you would be considered under the influence of mind altering drugs. For the same reason I jump off a perfectly good diving board. -
Persons holding a USPA B license are able to exercise all privileges of an A-license holder, perform night jumps, with 100 jumps are eligible for the USPA Coach Rating, and must have: A. Obtained a USPA A license. B. Completed 50 jumps including: 1. Accumulated at least 30 minutes of controlled freefall time. 2. Landed within 10 meters of target center on 10 jumps. C. Aerial performance requirements, either: 1. Demonstrated the ability to perform individual maneuvers (left 360, right 360, backloop, left 360, right 360, backloop) in freefall in 18 seconds or less. 2. Or successful completion of the planned formation(s) on ten group freefall jumps. D. Documentation of live water landing training with full equipment in accordance with the procedures in the Skydiver's Information Manual. E. Passed a written exam conducted by a current USPA I, I/E, S&TA, or USPA Board member. For the same reason I jump off a perfectly good diving board.
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This has been covered in other posts, but I'll show it again. The FAA doesn't require a current 3rd class medical, it does require "One of the parachutists using the tandem parachute system . . . Has been certified by the appropriate parachute manufacturer or tandem course provider as being properly trained on the use of the specific tandem parachute system to be used." [PART 105 SEC 105.45 (a) 1 (v)] If the manufacturer or tandem course provider does not consider you properly trained without a current 3rd class medical certificate, then you are in violation of the FAA regulations if you don't have a current 3rd class medical certificate. It falls completely and solely on the shoulders of the manufacturer of the tandem and what they consider to be proper training. If the manufacturer required as part of training for you to dress up and skydive like a dirty pirate hooker, you would have to or be in violation of the above stated FAA regulation. I am not a TI, but I don't see a connection between being medically fit and having been trained. The language in the FAR seems to me to be poorly worded in that it uses the past tense in "Has been certified". It does not say you have to be currently certified. IMHO it should say "is certified" to allow the manufacturer to require a current 3rd class medical. But then again, I'm just an anal-retentive grammar nazi. For the same reason I jump off a perfectly good diving board.
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In regards to 'hate crimes', I completely agree "The reason someone kicks someone else's teeth in is irrelevent". I disagree that what uniform you are wearing or what your job description is should incur extra penalties should you commit a crime. Along the same lines, I also believe murder is murder and the profession of the victim should not incur extra penalties. A murdered homeless drug addict and a murdered cop are two dead human beings. I basically don't believe that one victim or perp is better than another based on their sex, religion, race, or profession. For the same reason I jump off a perfectly good diving board.
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That is a little too general. A social working conversing with a child victim of sexual abuse is a public official acting in their official capacity. A lot might have to be redacted from the recording to protect the victim. Now if you add, "in a public setting", I would agree with you. For the same reason I jump off a perfectly good diving board.
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You are correct. It is not only a tax - the revenue the government received is not earmarked for retirement benefits. In the case Helvering v. Davis (1937), the Supreme Court ruled that Social Security was not a contributory insurance program, saying, "The proceeds of both the employee and employer taxes are to be paid into the Treasury like any other internal revenue generally, and are not earmarked in any way." Social Security revenue is a giant money jar that our government has been raiding and putting IOU's into since its inception. Most americans incorrectly assume it is being run like a retired benefits program. For the same reason I jump off a perfectly good diving board.
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That was a little over the top. I'm not sure even putting a smiley face emoticon after "you can stick your sliderule up your ass" would make it acceptable.
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Staff Drug Testing as a Condition of Employment.
DiverMike replied to matthewcline's topic in General Skydiving Discussions
You got me there. I should have said, "I'd hate to be the lawyer who had to defend the DZO in the lawsuit . . ." I don't think too many lawyers would argue the position that daily pot use by anyone working at a DZ is not a safety issue. For the same reason I jump off a perfectly good diving board. -
Staff Drug Testing as a Condition of Employment.
DiverMike replied to matthewcline's topic in General Skydiving Discussions
I would hate to be the DZO on the witness stand trying to defend that statement. If the DZO knew or should have known about the Safety meetings and did nothing to prevent them, he is screwed. Period. For the same reason I jump off a perfectly good diving board. -
Staff Drug Testing as a Condition of Employment.
DiverMike replied to matthewcline's topic in General Skydiving Discussions
I don't know the demographics of tandem passengers, but I would imagine a significant percentage of them are employed. Of those, a significant percentage are likely to be subject to drug testing. 20 years ago I would agree the general response would be - "boy they must have had a drug problem here". In todays employment environment, I think the general response would be "of course they should be subject to drug testing." Hell - I have to pee in a cup just to be allowed to develop software upon which nobody's life depends. For the same reason I jump off a perfectly good diving board. -
I've use my signature line here as a response whenever the question comes up. For the same reason I jump off a perfectly good diving board.
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The main point/question in this discussion is, "Was excessive force used?". The golf club in question doesn't even look like a fairway wood or a driver. It is highly unlikely a short iron could cause death by being thrown at a cop in full protective gear, so it is a stretch to argue the cop didn't escalate by shooting the guy from several feet away. Don't get me wrong - I would rather have 100 meth addicts killed by cops using excessive force than having 1 cop killed by a meth addict with a golf club. This cop screwed up, but the druggie should have never brought a golf club to a gun fight. That started the chain of events. The cop, however, should not be let off scott free. IMHO, due to his lack of good judgement he should be fired. For the same reason I jump off a perfectly good diving board.
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From Performance Designs Owners Manual: For the same reason I jump off a perfectly good diving board.
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As been brought up in this thread already, it is completely the tandem manufacturer's decision as part of the certification process to require a 3rd class medical. If it ever does fall under FAA jurisdiction, they would certainly require a second class medical since you are carrying a passenger/student for hire. For the same reason I jump off a perfectly good diving board.
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The FAA does not consider TI as an aviation duty. Someday they may define what is considered to be a 'parachutist in command', but currently they have no regulations regarding TI. You could be blind, deaf, paralyzed from the eyebrows down, jumping a queen size sheet, performing TI with 12 baby orphans strapped to your chest with duct tape and you would not be violating any FAR's since TI is not under the FAA's jurisdiction. For the same reason I jump off a perfectly good diving board.
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+1 I agree completely. It is ridiculous that a 3rd Class Medical is required. From the FAA's point of view, the certificate is for exercising the rights of piloting a plane. They will not waive any part of it because you are only likely to use it as a TI. I went to a sleep clinic several years ago and was 'diagnosed' as having mild sleep apnea. You wouldn't believe the shit I have to go through now to get a 3rd class medical. I guess it is justified given that pilots may fall asleep on long cross country flights, but does anybody really believe a TI will fall asleep on the way down? The 3rd Class medical is not a 'one size fits all' medical examination. It is specifically designed for pilots and pilots only. For the same reason I jump off a perfectly good diving board.
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Join Aircraft Owners and Pilots Association (AOPA) for a year. Just indicate you want to pass the 3rd class to become a student pilot. They have an entire department of people who will give specific advise about passing and or getting waivers for a 3rd class cert. Much cheaper than a lawyer - and they have as much or more expertise in the area you need. For the same reason I jump off a perfectly good diving board.
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Last year, Start did a pool session at the Middletown YMCA as part of Safety Day. Not sure when they are planning the 2011 Safety Day, but that would probably be the first opportunity for you to do it in Ohio. For the same reason I jump off a perfectly good diving board.
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Do you think there is a need for new (open source) manifest software?
DiverMike replied to DARK's topic in The Bonfire
+1 I have been a software developer for 20 years and I always make an effort to be grammatically correct in all my correspondences. Would you trust a programmer who can't use a period? Like it or not, it is one way you are judged. Most people can't read code, but most can read a sentence. I know Slyride is evil and is probably also responsible for the Arab-Israeli conflict, toast falling butter side down, and losing socks in dryers, but they aren't worth my time to rewrite code. Interestingly enough, this had been edited for typos. For the same reason I jump off a perfectly good diving board.