How to make a pickaxe which mines the same speed while airborne?

Hi, I would like to make a pickaxe that mines at the same speed while the player is not on the ground (removes air mining penalty). I have tried using attributes (attack speed) and the OnGround player metadata tag but I can't get it to work. Is there any way I can simply increase the mining speed of the pickaxe while the player is in the air? Like, when I create the tool, there is the Efficiency stat for the tool's mining speed - is there any way to change this using procedures?

Also, I do NOT want to use the Haste potion effect for this.