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OPM has denied requests for new hazardous duty pay categories when--
- the duties would involve remote or potential hazards rather than present or actual hazards--i.e., when the duty is not inherently hazardous and an accident or injury is unlikely;
- adequate safeguards would reduce the risk to a less than significant level;
- overseas post differentials already compensate or take into account the hardships and hazards encountered in overseas assignments, such as presence in a war zone;
- the risk of exposure to the hazard is not directly connected with the performance of assigned duties;
- the hazard would not be "unusual" and would be hard to distinguish from the ongoing hazards that are inherent in the job; or
- the hazardous duty or physical hardship is already listed in appendix A.
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5 CFR 550.904 allows an agency to approve payment of hazardous duty pay when the hazardous duty or physical hardship has not been taken into account in the classification of the position (i.e., the knowledge, skills, and abilities required to perform the duty are not considered in the classification of the position). If the hazardous duty has already been taken into account in the classification of the position, an agency may authorize payment of hazardous duty pay only when the actual circumstances of the specific hazard or physical hardship have changed from that taken into account and described in the position description; and, when using the knowledge, skills, and abilities required for the position and described in the position description, the employee cannot control the hazard or physical hardship; thus, the risk is not reduced to a less than significant level.
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Yes, if a hazardous duty is performed on a day on which paid leave is taken. For example, if an employee performs a hazardous duty for 1 hour and then takes annual leave for the 7 hours remaining in his or her workday, the employee is paid hazardous duty pay for the entire 8-hour workday. (5 CFR 550.905)
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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. The limitation on premium pay in 5 U.S.C. 5547(a) does not include hazardous duty pay.
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Yes. By law (5 U.S.C. 5362(c)), the retained grade of an employee must be treated as the grade of the employee's position for all purposes, including pay setting and pay administration. Thus, the agency must pay the employee under the rules that apply to the General Schedule pay system during the grade retention period. This includes any hazard pay differential that is appropriate for a GS employee who performs the actual duties assigned to the employee (i.e., in this case, the FWS duties). The employee is not entitled to an environmental differential paid to wage employees during the period of GS grade retention.
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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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Yes, as long as the hazardous duty is listed in appendix A and exposure to the hazard meets the requirements of 5 CFR 550.904, the employee may receive the percentage authorized in appendix A for the hazardous duty.
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No. There is no authority to pay hazardous duty pay or environmental differential pay for potential exposure to anthrax. To pay hazardous duty pay or environmental differential pay, a local installation must find that there is credible evidence that anthrax is in the workplace and that an employee was exposed to anthrax.
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Hazardous duty pay and environmental differential pay have separate legal authorities. The authority for hazardous duty pay is found in 5 U.S.C. 5545(d). The legal authority for environmental differential pay is found in 5 U.S.C. 5343(c)(4).
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