Section 1. The Agency will make every effort to eliminate or to reduce to allowable levels established by OSHA and this Agreement, all hazards, physical hardships, and working conditions of an unusually severe nature. When the Agency does not reduce the hazard, physical hardship, and/or working condition of an unusually severe nature to a level at or below the applicable standard, an environmental differential will be paid. The designation of a situation as being appropriate for payment for an environmental differential is not intended to condone work practices which circumvent Federal safety laws, rules, or regulations, nor does it excuse employees from following DES/MES safety procedures including wearing proper protective/safety equipment as required.
Section 2. In accordance with FPM Supplement 532-1, Appendix J (Schedule of Environmental Differentials Paid for Exposure to Various Degrees of Hazards, Physical Hardships, and Working Conditions of an Unusual Nature), the appropriate environmental differential will be paid to any unit employee(s) who are exposed to a hazard, physical hardship, and/or working condition of an unusually severe nature.
Section 3.
A. When a supervisor knows that an employee will be assigned to one of the authorized work situations described in Section 4 of this Article, he will notify the employee at the time of the assignment.
B. If an employee has not been so notified, and if during a job assignment, an employee believes they have been assigned to one of the authorized work situations for which EDP is warranted they will bring the matter to the attention of the supervisor as soon as possible. The immediate supervisor and/or the next level supervisor will make a determination and so advise the employee. Disputes arising from such determinations may be submitted for resolution under the negotiated grievance procedure in this Agreement.
C. Upon certification by the supervisor that the employee is performing work in an aauthorized work situation for which environmental differential pay is warranted, he will provide the employee with a copy of the DES-EDP form.
Section 4. Authorized work situations (cite Appendix J, Category definitions)
A. Hot Work 4% Pay
1.Working in confined spaces wherein the employee is subjected to temperatures in excess of 110 degrees Fahrenheit.
2.Working in confined spaces wherein the employee is subjected to temperatures in excess of 110 degrees Fahrenheit where such exposure is not practically eliminated by the mechanical equipment or protective devices being used.
B. Cold Work 4% Pay
1.Working in cold storage or other climate-controlled areas where the employee is subjected to temperatures at or below freezing (32 degrees Fahrenheit).
2.Working in cold storage or other climate-controlled areas where the employee issubjected to temperatures at or below freezing (32 degrees Fahrenheit) where such exposure is not practically eliminated by the mechanical equipment or protective devices being used.
C. Dirty Work 4% Pay
Performing work which subjects the employee to soil of body or clothing:
1.Beyond that normally to be expected in performing the duties of the classification; and
2.Where the condition is not adequately alleviated by the mechanical equipment or protective devices being used, or which are readily available, or when such devices are not feasible for use due to health considerations (excessive temperature, asthmatic conditions, etc.); or
3.When the use of mechanical equipment, or protective devices, or protective clothing results in an unusual degree of discomfort.
Examples:
The Parties agree that when the following tasks are performed that the employees performing such work will receive dirty pay, these pre-agreed upon tasks will not prevent the agency from identifying and paying dirty pay for other tasks that may be identified to meet the criteria of Section 4. C. 1, 2, 3.
1. The cleaning, removal, or collection of soot or combustion byproducts from the boiler fire sides, or ash ejector where the employee is required to enter the boiler or ash ejector.
2. Internal work in oil tanks, voids, pits, manholes, sumps, wells.
3. Employees involved in major oil spill containment and cleanup, and maintenance of oil spill containment coffers, dikes, or dams, sewer and or storm drains.
D. Asbestos 8% Pay
Working in an area where airborne concentrations of asbestos fibers may expose employees to potential illness or injury and protective devices or safety measures have not practically eliminated the potential for such personal illness or injury.
Example:
Working in areas where air tests reveal that levels of above 0.1 ff/cc exists as an eight-hour time weighted average. The Agency will conduct an ongoing program of monitoring air in work areas for asbestos. The Union may however conduct its own tests at its expense for asbestos subject to below conditions set by the NIH Office of Occupational Safety and Health. Those conditions include:
1. Test must be done by a certified Industrial Hygienist.
2. Lab work must be done by an EPA certified testing lab.
3. NIH has no liability for injury or illness to the testing firm or lab personnel
E. Poisons (toxic chemicals) - High Degree Hazard 8% Pay
Working with or in close proximity to poisons (toxic chemicals) other than tear gas or similar irritants, which involves potential serious injury such as permanent or temporary, partial or complete loss of faculties and/or loss of life including exposure of an unusual degree to toxic chemicals, dust, or fumes or equal toxicity generated in work situations by processes required to perform work assignments wherein protective devices and/or safety measures have been developed but have not practically eliminated the potential for such personal injury (Any chemical or substance identified as a Level 3 or above for any category of ratings of the NFPA 704 Hazard Identification System) when the container is opened and direct exposure can occur.
Examples:
Handling and storing toxic chemical agents including monitoring the areas to detect presence of vapor or liquid chemical agents; examining of material for signs of leakage or deteriorated material; decontaminating equipment and work sites; work relating to disposal of deteriorated material (exposure to conjunctivitis, pulmonary edema, blood infection, impairment of the nervous system, possible death). Renovation, maintenance and modification of toxic chemicals; guided missiles, and selected munitions. Operating various types of chemical engineering equipment in a restricted area such as reactors, mixers, filters, stripping units, fractionating columns, blenders, mixers, pumps and the like utilized in the development, manufacturing, and processing of toxic or experimental chemical warfare agents. Demilitarizing and neutralizing toxic chemical munitions and chemical agents. Handling or working with toxic chemicals in restricted areas during production operations. Preparing analytical reagents, carrying out calorimetric and photo metric techniques. Injecting laboratory animals with compounds having toxic, incapacitating or other effects. Recording analytical and biological tests results where subject of above types of exposure. Visually examining chemical agents to determine conditions or detect leaks in storage containers. Transferring chemical agents between containers. Salvaging and disposing of chemical agents.
F. Poisons (toxic chemicals) - Low Degree Hazard 4% Pay
1. Working with or in close proximity to points (toxic chemical other than tear gas or similar irritating substances) in situations for which the nature of the work does not require the individual to be in as direct contact with, or exposure to, the more toxic agents as in the case with the work described under high hazard for this class of hazardous agents.
2. Working with or in close proximity to points (toxic chemical other than tear gas or similar irritating substances) in situations for which the nature of the work does not require the individual to be in as direct contact with, or exposure to, the more toxic agents as in the case with the work described under high hazard for this class of hazardous agents and wherein protective devices and/or safety measures have not practically eliminated the potential for personal injury. (This will be paid for any chemical or substance identified as a three [3] or above for any category of rating of the NFPA 704 Hazard Identification System) when the containers remain factory sealed and only accidental exposure could occur.
Example:
Handling for shipping, marking, labeling, hauling and storing loaded containers of toxic chemical agents that have been monitored.
G. Micro-Organisms High Degree Hazard 8% Pay
Working with or in close proximity to micro-organisms which involves potential personal injury such as death, or temporary, partial, or complete loss of faculties or ability to work due to acute, prolonged, or chronic disease. These are work situations wherein the use of safety devices and equipment, medical prophylactic procedures such as vaccines and antiserums and other safety measures do not exist or have not been developed but have not practically eliminated the potential for such personal injury. Employees who are required to enter laboratories designated as three (3) or higher by the biosafety publication DHHS (CDC) 93-8395 will receive this pay.
Examples:
Direct contact with primary containers of organisms pathogenic for man such as culture flasks, culture test tubes, hypodermic syringes and similar instruments, and biopsy and autopsy material. Operating or maintaining equipment in biological experimentation or production. Cultivating virulent organisms on artificial media, including embryonated hen's eggs and tissue cultures where inoculation or harvesting of living organisms is involved for production of vaccines, toxides, etc., or for sources of material for research investigations such as antigenic analysis and chemical analysis.
H. Micro-Organisms Low Degree Hazard 4% Pay
3. Working with or in close proximity to micro-organisms in situations for which the nature of the work does not require the individual to be in direct contact with primary containers of organisms pathogenic for man, such as culture flasks, culture test tubes, hypodermic syringes and similar instruments, and biopsy and autopsy material
4. Working with or in close proximity to micro-organisms in situations for which the nature of the work does not require the individual to be in direct contact with primary containers of organisms pathogenic for man, such as culture flasks, culture test tubes, hypodermic syringes and similar instruments, and biopsy and autopsy material and wherein the use of safety devices and equipment and other safety measures have not practically eliminated the potential for personal injury. (This pay will be authorized when employees enter and work in secure level laboratory areas of Level 2) as designated by biosafety publication DHHS (CDC) 93-8395.
Section 5. If any new or changed categories or differential rates are authorized by OPM regulations during the term of this Agreement, the Parties will negotiate appropriate changes or additions to this Agreement in accordance with the procedures outline in Article 60, Midterm.
Section 6.
A. If, after this Agreement is in effect, either party believes that an EDP situation, in addition to those authorized in Section 4, has developed, the Parties will attempt to resolve such issues through negotiation between the Parties.
B. The Parties agree that if an Agreement is reached, the Agreement may include a retroactive EDP adjustment to any unit employee who has worked in the agreed upon work situation during the thirty-day (30) period before the beginning of the negotiations.
Section 7.
B. When an employee is entitled to an environmental differential which is paid on an actual exposure basis, he/she shall be paid a minimum of one hour's pay for exposure. For exposure beyond one hour the employee shall be paid in one quarter hour increments.