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Yes, because an employee is in a pay status during overtime hours. However, the hazardous duty pay is computed on the employee's hourly rate of basic pay, not his or her hourly overtime rate. (5 CFR 550.905 and 5 U.S.C. 5545(d)(2))
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OPM typically asks agencies to submit the following information with amendment requests, as applicable:
- a detailed description of the hazardous duty or physical hardship (i.e., explain what causes the hazard);
- specific wording of the proposed category (as it would appear in appendix A), including the threshold for payment and the recommended percentage to be paid;
- information on ways to mitigate the hazard (e.g., training, use of safety procedures and equipment);
- information on the measures the agency has taken to practically eliminate the hazard;
- an explanation of why the hazard is "unusual;"
- information on Occupational Safety and Health Administration standards or other published material on safety for the work situation. Information on how the agency will determine whether the hazard is reduced to a less than significant level;
- descriptions of and statistics on actual accidents or injuries that have occurred because of exposure to the hazard or physical hardship;
- information on when a decision is made not to expose an employee to the hazard or physical hardship;
- information about other Federal agencies that may be affected by such a category;
- information on Federal Wage System employees in the agency that may be exposed to the hazard or physical hardship in the same manner; and
- whether and in what manner the hazard has affected the classification of the position.
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"Ditto."
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Hazardous duty pay may be paid only to employees who are assigned hazardous duties or duties involving physical hardship for which a differential is authorized. It may not be paid to an employee who undertakes to perform a hazardous duty on his or her own, without proper authorization, either expressed or implied. (5 CFR 550.904(a))
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Yes. Hazardous duty pay is included in the aggregate limitation on pay (5 U.S.C. 5307), which limits an employee's aggregate compensation to the rate payable for level I of the Executive Schedule at the end of a calendar year. (See the definition of "aggregate limitation" in 5 CFR 530.202)
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Hazardous duty pay is additional pay for the performance of hazardous duty or duty involving physical hardship. Hazardous duty pay is payable to General Schedule (GS) employees covered by chapter 51 and subchapter III of chapter 53 of title 5, United States Code. Prevailing rate (wage) employees are eligible to receive environmental differential pay in certain circumstances under a separate statutory provision (5 U.S.C. 5343(c)(4)).
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No. Hazardous duty pay may only be paid while an employee is in a pay status. (5 CFR 550.905)
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No. As stated in the description of asbestos duty in appendix A, agencies may pay hazardous duty pay for asbestos when the risk of exposure is directly connected with the performance of assigned duties. Employees should not be paid hazardous duty pay after being exposed to asbestos (or any other hazard) when the exposure is not triggered by their job duties. It cannot be paid because of an accidental exposure.
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No. 5 U.S.C. 5545(d) requires the Office of Personnel Management to establish a schedule or schedules of hazard duty differentials and to prescribe regulations governing payment of the differentials. If a duty or type of work is not listed in appendix A, the employee cannot be paid a hazard duty differential.
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An employee may receive no more than 25 percent of his or her rate of basic pay. (5 U.S.C. 5545(d)(2))
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