Pay administration: Hazardous duty pay,
[Federal Register: January 11, 1999 (Volume 64, Number 6)]
[Rules and Regulations]
[Page 1501-1502]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja99-1]
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[[Page 1501]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 550
RIN 3206-AI29
Hazardous Duty Pay
AGENCY: Office of Personnel Management.
ACTION: Final rule.
SUMMARY: The Office of Personnel Management is issuing final regulations to provide an 8 percent hazard pay differential for General Schedule employees who perform work at a land-based worksite more than 3900 meters (12,795 feet) in altitude, provided such employees are required to commute to the worksite on the same day from a substantially lower altitude under circumstances in which the rapid change in altitude may result in acclimation problems. OPM is creating this new hazard pay differential authority to compensate employees who are exposed to unusual health risks.
DATES: Effective Date: The regulations are effective on January 11, 1999.
Applicability Dates: The regulations apply on the first day of the first pay period beginning on or after January 11, 1999.
FOR FURTHER INFORMATION CONTACT: Kevin Kitchelt, (202) 606-2858, FAX: (202) 606-0824, or email: payleave@opm.gov.
SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is responsible for establishing schedules of hazardous duty pay differentials for General Schedule employees as provided in 5 U.S.C. 5545(d). We published proposed regulations to provide an 8 percent hazard pay differential for high altitude work in the Federal Register on June 30, 1998 (63 FR 35543), and we received comments from two agencies and one individual. The following is a summary of those comments and one change we made in the final regulations.
One agency commented that only ``land-based'' worksites should be covered by the new hazard pay category. We agree that the phrase ``land-based worksite'' should be added to clarify that entitlement to a hazard pay differential does not apply to employees who work on an aircraft (i.e., where environmental conditions are controlled). Therefore, we have amended appendix A to subpart I of part 550 to use the term ``land-based'' worksite.
One individual commented that the altitude threshold for receiving a hazard pay differential should be lowered to 3000 meters to include employees who perform work at an altitude of 3400 meters at an atmospheric monitoring station on Mauna Loa, an extinct volcano on the Island of Hawaii. However, the employing agency does not support this recommendation because the agency has no evidence that employees at the Mauna Loa worksite are exposed to actual physical hazards. While employees at the worksite occasionally have altitude-related discomfort such as headaches, nausea, or shortness of breath, these symptoms are minor and do not reach the threshold of the possibility of hazardous health problems such as high altitude pulmonary edema, high altitude cerebral edema, or acute mountain sickness. Since hazard pay differential is authorized only for duties involving unusual physical hardship or hazard, including extreme physical discomfort or distress, we have not adopted the individual's suggestion.
One agency commented that the phrase ``commute to the worksite from a substantially lower altitude'' should be more specific and that the term ``substantially lower altitude'' should be defined. Although different agencies may interpret ``substantially lower altitude'' differently, we believe each agency is in the best position to apply this regulation based on applicable commuting requirements. A regulatory definition is not feasible. Further, we believe the proposed regulation provides sufficient guidance by indicating that the change in altitude must be sufficiently large and rapid to cause potential acclimation problems that reach the level of an unusual physical hazard.
Waiver of Delay in Effective Date
Pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to make these regulations effective in less than 30 days. Some General Schedule employees of the Smithsonian Institution are currently commuting from near sea level to a work site near the 4206 meter (13,800 foot) summit of Mauna Kea on the Island of Hawaii. These employees currently meet the criteria in this final regulation for hazardous duty pay. In addition, the Smithsonian Institution has asked that this authority be made effective as soon as possible.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866.
Regulatory Flexibility Act
I certify that these regulations will not have a significant impact on a substantial number of small entities because they will apply only to Federal agencies and employees.
List of Subjects in 5 CFR Part 550
Administrative practice and procedure, Claims, Government employees, Wages.
U.S. Office of Personnel Management. Janice R. Lachance, Director.
Accordingly, OPM is amending subpart I of part 550 of title 5 of the Code of Federal Regulations as follows:
PART 550--PAY ADMINISTRATION (GENERAL)
Subpart I--Pay for Duty Involving Physical Hardship or Hazard
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The authority for subpart I of part 550 continues to read as follows:
Authority: 5 U.S.C. 5545(d), 5548(b).
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Appendix A to subpart I of part 550 is amended by adding a new category to the Schedule of Hazard Pay Differentials to read as follows:
[[Page 1502]]
Appendix A--Schedule of Pay Differentials Authorized for Hazardous Duty Under Subpart I--Hazard Pay Differential, of Part 550 Pay Administration (General)
Rate of hazard pay Duty
differential
Effective date (percent)
*
*
*
*
*
* * Exposure to Physiological Hazards:
*
*
*
*
*
* * (6) Working at high altitudes. Performing work at a
8 January 11, 1999. land-based worksite more than 3900 meters (12,795 feet) in altitude, provided the employee is required to commute to the worksite on the same day from a substantially lower altitude under circumstances in which the rapid change in altitude may result in acclimation problems.
*
*
*
*
*
* *
[FR Doc. 99-522Filed1-8-99; 8:45 am]
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