Hazardous Environmental

GOVERNMENT OF GUAM

HAZARDOUS/ENVIRONMENTAL

PAY POLICY AND PROCEDURES

PURPOSE

To provide uniformed guidelines and requirements for requesting and payment of a hazardous/ environmental duty pay differential to employees of the government of Guam, who performs work which involves exposure to hazardous conditions, or physical hardship (environmental) conditions.

STATEMENT OF POLICY

This policy shall be consistent with other applicable provisions established by Public Law 19-19, Occupational Safety and Health Code.

Public Law 19-19 was enacted into law by the Nineteenth Guam Legislature on August 22, 1988. This law mandated the creation of the Guam Occupational Safety and Health Act, herein referred as the GOSHA.

Public Law 19-19, §87125. Employees not to be Compelled to Work in Unsafe Conditions. After citation of an unsafe working condition by the Division, no employee may be compelled or in any way coerced to work in an unsafe working condition. Anyone who compels or coerces an employee to do so shall be guilty of a misdemeanor, and, in addition, shall be held personally liable for actual and punitive damages should an employee suffer injury as a result of said unsafe working condition. Civil actions may be brought against such person without reference to the Government Claims Act. No disciplinary action may be brought against an employee who either refuses to work in an unsafe working condition after citation of same by the Division, or who reports an unsafe working condition to either the Safety Officer, or the Division Head. Refusal to work in an unsafe working condition after citation of same by the Division, or reporting of an unsafe working condition, shall not be considered in evaluating job performance or be considered as a factor in the promotion or demotion or adverse action of said employee.

All departments, agencies, public corporations, and other public instrumentalities shall take appropriate measures to eliminate or reduce hazardous working conditions. When it is not possible to eliminate or reduce hazardous working conditions, the departments, agencies, public corporations, and other public instrumentalities shall request inspection assistance from the Division of Occupational Safety and Health of the Guam Department of Labor.

The Governor of Guam, in Executive Order 88-9, dated March 22, 1988, declared the policy and commitment of the GOSHA. These are:

A. Assure every employee of the government of Guam a safe workplace and healthful working condition free from recognized hazards that are causing or are likely to cause death or serious physical harm.

B. Preserve its human resources.

C. Ensure every department or agency of the government of Guam complies with all GOSH standards, rules and regulations, including all applicable GOSH standards promulgated by the national consensus standards.

I. AUTHORITY

Section 6304, 4GCA, enacted by Public Law 21-59, Differential Pay:

The Civil Service Commission shall establish and implement uniform differential pay policies.

All statutes, rules, regulations, and policies which are not covered by or inconsistent with the policies set forth herein, are hereby repealed upon establishment of uniform pay policies.

II. SCOPE

This policy shall apply to all employees of the departments and agencies, public corporations and other public instrumentalities of the government of Guam. Hazardous pay for Corrections Officers and Police Officers will continue to be governed by 4 GCA: §6222 Corrections Officers Hazardous Pay, §6224 Police Officers - Hazardous Pay and §6225 Hazardous Duty Positions Identified.

HAZARDOUS/ENVIRONMENTAL PAY POLICY

A. The Department Head may grant pay differentials in accordance with the Hazardous/Environmental Pay Policy and Procedures to employees who are temporarily exposed to hazardous duty, or duty involving physical hardship (environmental) when the following conditions are met:

1. the exposure to hazardous duty or duty involving physical hardship (environmental) is temporary;

2. the hazardous duty or duty involving physical hardship (environmental) has not been considered in the assignment of the position class to a pay grade;

3. the hazardous duty is performed by the employee for a minimum of 15 minutes for each assigned hazardous duty; and

4. subject to GOSH review and certification of the hazardous/environmental duty.

B. It is the responsibility of the Department or Agency Head to eliminate or reduce to the lowest possible level, all hazards and physical hardships, and implement safe working conditions.

C. Hazardous/environmental pay shall not be used as an incentive to encourage employees to work in an unsafe place, or under unsafe conditions.

D. In no event shall the Department or Agency Head grant or authorize multiple differential rates of pay to an employee for the same period. In the event the employee performs more than one hazardous or physical hardship (environmental) duty, the highest authorized differential rate shall be used to calculate the differential pay.

E. The Department Head shall submit a copy of all approved hazardous/environmental pay requests to the Civil Service Commission for post audit review.

F. Hazardous/Environmental differentials are in addition to an employees's base pay and shall not be used to compute overtime pay, holiday pay, night differential and other pay differential, including paid leave and severance pay.

G. Approved hazardous/environmental differentials shall be paid within four pay periods from which the performance of hazardous or physical hardship (environmental) duty began.

H. The assignment of hazardous/environmental duty shall not exclude person(s) with disabilities.

I. Employees who are not certain (aware) of existing hazardous/environmental conditions may request certification via their appointing authority from the Office of GOSH. Certifications approved by GOSH shall qualify employees for differential pay.

J. Hazardous duty certifications from the office of GOSH are valid for a period of one year from the date of approval. Requests for an extension is subject to GOSH review, certification and approval.

III.HAZARDOUS/ENVIRONMENTAL PAY REQUEST PROCEDURES

The initial determination of the existence of a temporary, unusually hazardous working condition shall be made by the immediate supervisor of the affected employee. Upon making this determination, the supervisor shall alert the Department or Agency Head, and shall request an inspection from the Administrator of the Guam Occupational Safety and Health, Department of Labor, of the identified unusually hazardous working conditions prior to the planned work activity. Whenever pre-work inspections are conducted by GOSH, the following procedures will be followed when a determination of the existence of a temporary, unusually hazardous condition is identified:

A. The supervisor completes the "Supervisor's Section" of the Hazardous/ Environmental Pay Request Form (Part I). The Hazardous/Environmental Pay Request form and any supporting document is forwarded to the Department or Agency Head for review.

B. The Department or Agency Head may concur or not concur with the request. The request is then forwarded to GOSH for inspection, investigation and certification.

C. The GOSH Administrator, Department of Labor, shall determine if the hazardous/environmental or hardship condition exists (Part III).

D. Upon certification by GOSH, the Department or Agency Head shall forward the approved request to the Payroll office for processing and payment to the employee (Part IV). If not certified, one copy is returned back to the Supervisor with a copy to the Civil Service Commission.

The Department or Agency Head shall notify the immediate supervisor of his/her non-concurrence of the hazardous pay recommendation request within 10 working days after receipt of the request.

The HAZARDOUS/ENVIRONMENTAL PAY REQUEST FORM is found on page D11.

IV.GUAM OCCUPATIONAL SAFETY AND HEALTH CERTIFICATION

Request for hazardous pay certifications shall be submitted to GOSH at least 30 days prior to the scheduled operations, where exposure to hazardous working conditions or hardships are projected.

Requests for certification resulting from unanticipated exposure to hazardous working conditions or physical hardship (environmental), must be submitted to GOSH within 10 working days from the start of the hazardous/environmental or hardship condition.

FUNDS CERTIFICATION

The differential pay granted under this policy is subject to certification by the respective department or agency head, or designated fiscal officers as to the availability of funds.

TABLE OF

HAZARDOUS/ENVIRONMENTAL DUTIES

The following table shall be used by the Department or Agency Head Division Manager when authorizing pay differentials for employee(s). The allocated percentage shall be calculated by multiplying the employee's hourly rate times the number of hour(s) the hazardous/environmental duty was performed.

CATEGORY OF HAZARDOUS/ENVIRONMENTAL DUTY	DIFFERENTIAL RATE (%)
COLD WORK Working in cold storage or other climate controlled areas where the employee is subjected to temperatures at or below freezing (32 degrees Fahrenheit) where such exposure is not practically eliminated by mechanical equipment or protective devices being used.	4%
HOT WORK A. Physical Hardship: Working in spaces wherein the employee is subjected to temperatures in excess of 110 degrees Fahrenheit. B. Hazardous Condition: Exposure to burning gasoline/fuel as a result of vehicular accidents/impacts where such exposure is not practically eliminated by mechanical equipment or protective devices being used.	4% 25%
HIGH VOLTAGE ELECTRICAL ENERGY Working on energized electrical lines rated at 4,160 volts or more which are suspended from utility poles or towers, when adverse weather conditions such as steady rain, high winds, lightning, or similar environmental factors make the work unusually hazardous.	50%
WORK IN OPEN TRENCHES Work in an open trench five feet deep or more until proper shoring has been installed.	25%
EXPLOSIVES INCENDIARIES Working with, or in close proximity to any situation where explosives incendiaries are being handled.	25%
HIGH WORK Working, training, or rappelling from any structure of at least 50 feet above the base level, ground, deck, floor, roof, etc., under open conditions, if the structure is unstable or if scaffolding guards or other suitable protective facilities are not used, or if performed under adverse conditions such as darkness, lightning, steady rain, or high wind velocity.	25%
MICRO-ORGANISMS *Low Degree Hazard*: 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, or 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 measures have not practically eliminated the potential for personal injury.	4%
COMMUNICABLE/INFECTIOUS DISEASES Assigned to work with, or in close proximity to micro-organisms in situations for which the nature of work requires the employee to be in direct contact with communicable/infectious diseases such as tuberculosis, human immune deficiency virus, Hepatitis B, measles, mumps, and other reportable communicable/infectious diseases.	8%
UNDERGROUND WORK Work underground performed in the construction of tunnels and shafts, and the inspection of such underground constructions, until the necessary lining of the shaft or tunnel has eliminated the hazard.	25%
WORK IN UNSAFE STRUCTURES Work within or immediately adjacent to a building or structure which has been severely damaged by earthquake, fire, typhoon, flood, or similar cause when the structure has been declared unsafe by competent technical authority and when such work is considered necessary for the safety of personnel or recovery of valuable materials or equipment, and the work is authorized by competent authority.	25%
ASBESTOS Working in an area where airborne concentrations of asbestos fibers may expose the employee to potential illness or injury, and protective devices or safety measures have not practically eliminated the potential for such personal illness or injury.	8%
FIBROUS GLASS WORK Working with, or in close proximity to fibrous glass materials which results in exposure on the skin, eyes or respiratory system to irritating fibrous glass particles or slivers where exposure is not practically eliminated by the mechanical equipment on preventive devices being used.	6%

CATEGORY OF HAZARDOUS/ENVIRONMENTAL DUTY

DIFFERENTIAL

RATE (%)

COLD WORK

Working in cold storage or other climate controlled areas where the employee is subjected to temperatures at or below freezing (32 degrees Fahrenheit) where such exposure is not practically eliminated by mechanical equipment or protective devices being used.

HOT WORK

A. Physical Hardship: Working in spaces wherein the employee is subjected to temperatures in excess of 110 degrees Fahrenheit.

B. Hazardous Condition: Exposure to burning gasoline/fuel as a result of vehicular accidents/impacts where such exposure is not practically eliminated by mechanical equipment or protective devices being used.

25%

HIGH VOLTAGE ELECTRICAL ENERGY

Working on energized electrical lines rated at 4,160 volts or more which are suspended from utility poles or towers, when adverse weather conditions such as steady rain, high winds, lightning, or similar environmental factors make the work unusually hazardous.

50%

WORK IN OPEN TRENCHES

Work in an open trench five feet deep or more until proper shoring has been installed.

25%

EXPLOSIVES INCENDIARIES

Working with, or in close proximity to any situation where explosives incendiaries are being handled.

25%

HIGH WORK

Working, training, or rappelling from any structure of at least 50 feet above the base level, ground, deck, floor, roof, etc., under open conditions, if the structure is unstable or if scaffolding guards or other suitable protective facilities are not used, or if performed under adverse conditions such as darkness, lightning, steady rain, or high wind velocity.

25%

CATEGORY OF HAZARDOUS/ENVIRONMENTAL DUTY

DIFFERENTIAL

RATE (%)

MICRO-ORGANISMS

Low Degree Hazard: 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, or 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 measures have not practically eliminated the potential for personal injury.

COMMUNICABLE/INFECTIOUS DISEASES

Assigned to work with, or in close proximity to micro-organisms in situations for which the nature of work requires the employee to be in direct contact with communicable/infectious diseases such as tuberculosis, human immune deficiency virus, Hepatitis B, measles, mumps, and other reportable communicable/infectious diseases.

UNDERGROUND WORK

Work underground performed in the construction of tunnels and shafts, and the inspection of such underground constructions, until the necessary lining of the shaft or tunnel has eliminated the hazard.

25%

WORK IN UNSAFE STRUCTURES

Work within or immediately adjacent to a building or structure which has been severely damaged by earthquake, fire, typhoon, flood, or similar cause when the structure has been declared unsafe by competent technical authority and when such work is considered necessary for the safety of personnel or recovery of valuable materials or equipment, and the work is authorized by competent authority.

25%

ASBESTOS

Working in an area where airborne concentrations of asbestos fibers may expose the employee to potential illness or injury, and protective devices or safety measures have not practically eliminated the potential for such personal illness or injury.

FIBROUS GLASS WORK

Working with, or in close proximity to fibrous glass materials which results in exposure on the skin, eyes or respiratory system to irritating fibrous glass particles or slivers where exposure is not practically eliminated by the mechanical equipment on preventive devices being used.

CATEGORY OF HAZARDOUS/ENVIRONMENTAL DUTY	DIFFERENTIAL RATE (%)
DEEP SEA DIVING AND DANGEROUS SEAS Deep sea diving below 20 feet requiring the use of scuba (underwater breathing apparatus) or working in dangerous water or similar factors which make the work unusually hazardous, when such work is considered necessary for the rescue of human lives or the recovery of human bodies; to obtain water samples from the sewage treatment plant outfalls; and to conduct inspection, research and other activities underwater.	25%
LAW ENFORCEMENT When assigned duties that expose the employee to unusually hazardous factors. The differential shall only be applicable during times of exposure.	10%
MENTALLY ILL, EMOTIONALLY DISTURBED AND PSYCHOTIC SUBSTANCE ABUSE DISORDER PATIENTS When confronting or working in close proximity to mentally ill or emotionally disturbed or psychotic substance use disorder patients who are unpredictably, combative or volatile.	10%
GUARDING OF PRISONERS A Uniformed Officer or any employee of the government who performs the duty of guarding prisoners in transit, or is otherwise exposed to a life-threatening environment with respect to incarceration of prisoners shall be entitled to hazardous pay for all periods he or she is on such duty. The differential shall be applicable only during time of exposure.	10%
POISONS (TOXIC CHEMICALS) *High Degree Hazard*: Working with, or in close proximity to poisons (toxic chemicals), other than tear gas or similar irritants, which involves potential serious personal 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 of 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.	8%

CATEGORY OF HAZARDOUS/ENVIRONMENTAL DUTY

DIFFERENTIAL

RATE (%)

DEEP SEA DIVING AND DANGEROUS SEAS

Deep sea diving below 20 feet requiring the use of scuba (underwater breathing apparatus) or working in dangerous water or similar factors which make the work unusually hazardous, when such work is considered necessary for the rescue of human lives or the recovery of human bodies; to obtain water samples from the sewage treatment plant outfalls; and to conduct inspection, research and other activities underwater.

25%

LAW ENFORCEMENT

When assigned duties that expose the employee to unusually hazardous factors. The differential shall only be applicable during times of exposure.

10%

MENTALLY ILL, EMOTIONALLY DISTURBED AND PSYCHOTIC SUBSTANCE ABUSE DISORDER PATIENTS

When confronting or working in close proximity to mentally ill or emotionally disturbed or psychotic substance use disorder patients who are unpredictably, combative or volatile.

10%

GUARDING OF PRISONERS

A Uniformed Officer or any employee of the government who performs the duty of guarding prisoners in transit, or is otherwise exposed to a life-threatening environment with respect to incarceration of prisoners shall be entitled to hazardous pay for all periods he or she is on such duty. The differential shall be applicable only during time of exposure.

10%

POISONS (TOXIC CHEMICALS)

High Degree Hazard: Working with, or in close proximity to poisons (toxic chemicals), other than tear gas or similar irritants, which involves potential serious personal 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 of 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.

CATEGORY OF HAZARDOUS/ENVIRONMENTAL DUTY	DIFFERENTIAL RATE (%)
EXAMPLES: Handling and storing toxic chemical agents including monitoring of 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).
POISONS (TOXIC CHEMICALS) Low Degree Hazard: Working with, or in close proximity to poisons (toxic chemicals 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. EXAMPLES: Handling for shipping, marketing, labeling, hauling, and storing loaded containers or toxic chemical agents that have been monitored.	4%
DIRTY WORK 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.	4%
NATURAL DISASTERS Working in a hazardous environment such as high velocity wind, darkness and unsafe structure; and exposing employees to hazard duties such as evacuation, search and rescue and damage assessment efforts.	25%

CATEGORY OF HAZARDOUS/ENVIRONMENTAL DUTY

DIFFERENTIAL

RATE (%)

EXAMPLES: Handling and storing toxic chemical agents including monitoring of 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).

POISONS (TOXIC CHEMICALS)

Low Degree Hazard: Working with, or in close proximity to poisons (toxic chemicals 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.

EXAMPLES: Handling for shipping, marketing, labeling, hauling, and storing loaded containers or toxic chemical agents that have been monitored.

DIRTY WORK

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.

NATURAL DISASTERS

Working in a hazardous environment such as high velocity wind, darkness and unsafe structure; and exposing employees to hazard duties such as evacuation, search and rescue and damage assessment efforts.

25%

CATEGORY OF HAZARDOUS/ENVIRONMENTAL DUTY	DIFFERENTIAL RATE (%)
LOW LEVEL AIRCRAFT OPERATIONS Low-level flights in an aircraft flying at altitudes of 200 feet and under while conducting wildlife surveys and law enforcement activities, animal depredation abatement and making agricultural applications, and conducting or facilitating search and rescue operations; flights in helicopters at low levels involving line inspection, maintenance, erection, or salvage operations.	100%

CATEGORY OF HAZARDOUS/ENVIRONMENTAL DUTY

DIFFERENTIAL

RATE (%)

LOW LEVEL AIRCRAFT OPERATIONS

Low-level flights in an aircraft flying at altitudes of 200 feet and under while conducting wildlife surveys and law enforcement activities, animal depredation abatement and making agricultural applications, and conducting or facilitating search and rescue operations; flights in helicopters at low levels involving line inspection, maintenance, erection, or salvage operations.

100%

TEMPORARY

HAZARDOUS/ENVIRONMENTAL PAY

REQUEST FORM

PART I - SUPERVISOR
DEPARTMENT/DIVISION/UNIT
PERIOD (DATES)
SUPERVISOR					WORK PHONE:
PURPOSE OF WORK ACTIVITY: (Why the work or job must be performed)

DESCRIPTION OF HAZARDOUS/ENVIRONMENTAL WORK: (Describe in detail and give reason why it is considered hazardous/environmental conditions. Type of injuries/accidents/illnesses incurred).



FREQUENCY OF EXPOSURE TO ABOVE HAZARDOUS/ENVIRONMENTAL CONDITION: (Daily, 3-days a week, once a month, 3-times a year, etc.)
ASSESSMENT OF TIME NEEDED TO COMPLETE WORK ACTIVITY:
ACTUAL TIME EXPOSED TO THE HAZARDOUS/ENVIRONMENTAL CONDITION:
Classes of employee(s) exposed to hazardous/environmental conditions (List of all classifications of employees who are actively engaged in work exposing them to the hazardous/environmental condition.)
POSITION TITLE		NO. OF EMPLOYEES			POSITION NO. OR SSN




DESCRIBE IN DETAIL ALL ACTIONS AND EFFORTS TO ELIMINATE, REDUCE, MITIGATE, OR CONTROL HAZARDOUS/ENVIRONMENTAL CONDITION (i.e., guarding equipment, substitution employee training, etc.)



EQUIPMENT OR MACHINERY USED: (Types of equipment and relationship to the hazardous/environmental condition.)



PROVIDE A DETAILED LIST AND THE FUNCTION OF EACH PERSONAL PROTECTIVE EQUIPMENT UTILIZED:



Accident and Injury History involving the prescribed work activity (past 5 years). Previous accidents or injuries that occurred from exposure to similar conditions in the past. If none, please state none.
DATE	LOCATION OF INJURY		TYPE OF INJURY	LOST WORK DAYS		CORRECTIVE ACTION TAKEN