Periculant
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The CBA Article 81 says we get pay differential(s) IAW 5 CFW Part 550, Subpart I.
5 CFW Part 550, Subpart I.
Says
"Virulent biologicals. Materials of micro-organic nature which when introduced into the body are likely to cause serious disease or fatality and for which protective devices do not afford complete protection"
This is further explained in a memo by OPM regarding Covid-19
https://www.hud.gov/sites/dfiles/Main/documents/COVID-19-GuidanceQA33-7-2020.pdf
To be eligible for the hazard pay differential, the agency must determine that the employee is exposed to a qualifying hazard through the performance of his or her assigned duties and that the hazardous duty has not been taken into account in the classification of the employee’s position. A hazard pay differential is not payable if safety precautions have reduced the element of hazard to a less than significant level of risk, consistent with generally accepted standards that may be applicable.
When we were hired I don't believe that the "hazardous duty was taken into account for the classification of our employment position. We also know masking up didn't significantly reduce risk...
(2) May an employee who has been exposed incidentally to COVID-19 (i.e., in a manner not directly associated with the performance of assigned duties) receive a hazard pay differential for exposure to “virulent biologicals”?
No. OPM’s regulations define exposure to “virulent biologicals” as “work with or in close proximity to . . . [m]aterials of micro-organic nature which when introduced into the body are likely to cause serious disease or fatality and for which protective devices do not afford complete protection.” (See Appendix A to subpart I of part 550 of title 5, Code of Federal Regulations.) Agencies may pay a hazard pay differential to a General Schedule employee for exposure to “virulent biologicals” only when the risk of exposure is directly associated with the performance of assigned duties. An employee may not receive a hazard pay differential under the “virulent biologicals” category if exposure to a qualifying virus was not triggered by the performance of assigned duties. The hazard pay differential cannot be paid to an employee who may come in contact with the virus or another similar virus through incidental exposure to the public or other employees who are ill rather than being exposed to the virus during the performance of assigned duties (e.g., as in the case of a poultry handler or health care worker). Also, the virus must be determined to be likely to cause serious disease or fatality for which protective devices do not afford complete protection.
The way that reads is,
If you were incidentally exposed to the public or other employees you would not qualify. We were deliberately exposed to other employees during Covid-19 Pandemic while working position.
The risks of exposure was directly associated with the performance of our assigned duties... we were not incidentally exposed to other employees while working position we were deliberately exposed because the nature of our job required it.
Is my take on this matter wrong? incidental would be more working in the office but passing other employees in the office. That is not what happened. We had to sit right next to other employees to accomplish our mission.
5 CFW Part 550, Subpart I.
Says
"Virulent biologicals. Materials of micro-organic nature which when introduced into the body are likely to cause serious disease or fatality and for which protective devices do not afford complete protection"
This is further explained in a memo by OPM regarding Covid-19
https://www.hud.gov/sites/dfiles/Main/documents/COVID-19-GuidanceQA33-7-2020.pdf
To be eligible for the hazard pay differential, the agency must determine that the employee is exposed to a qualifying hazard through the performance of his or her assigned duties and that the hazardous duty has not been taken into account in the classification of the employee’s position. A hazard pay differential is not payable if safety precautions have reduced the element of hazard to a less than significant level of risk, consistent with generally accepted standards that may be applicable.
When we were hired I don't believe that the "hazardous duty was taken into account for the classification of our employment position. We also know masking up didn't significantly reduce risk...
(2) May an employee who has been exposed incidentally to COVID-19 (i.e., in a manner not directly associated with the performance of assigned duties) receive a hazard pay differential for exposure to “virulent biologicals”?
No. OPM’s regulations define exposure to “virulent biologicals” as “work with or in close proximity to . . . [m]aterials of micro-organic nature which when introduced into the body are likely to cause serious disease or fatality and for which protective devices do not afford complete protection.” (See Appendix A to subpart I of part 550 of title 5, Code of Federal Regulations.) Agencies may pay a hazard pay differential to a General Schedule employee for exposure to “virulent biologicals” only when the risk of exposure is directly associated with the performance of assigned duties. An employee may not receive a hazard pay differential under the “virulent biologicals” category if exposure to a qualifying virus was not triggered by the performance of assigned duties. The hazard pay differential cannot be paid to an employee who may come in contact with the virus or another similar virus through incidental exposure to the public or other employees who are ill rather than being exposed to the virus during the performance of assigned duties (e.g., as in the case of a poultry handler or health care worker). Also, the virus must be determined to be likely to cause serious disease or fatality for which protective devices do not afford complete protection.
The way that reads is,
If you were incidentally exposed to the public or other employees you would not qualify. We were deliberately exposed to other employees during Covid-19 Pandemic while working position.
The risks of exposure was directly associated with the performance of our assigned duties... we were not incidentally exposed to other employees while working position we were deliberately exposed because the nature of our job required it.
Is my take on this matter wrong? incidental would be more working in the office but passing other employees in the office. That is not what happened. We had to sit right next to other employees to accomplish our mission.
