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Case 1:04-cv-00856-GWM

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DEPARTMENT OF THE NAVY
WOE7 SOUND N A V A L S H W A R D
BREWERTON. WASHINGTON S(ISlCS000

NAVSHIPYDPUQETINST 12532.1A

NAVSHIPYDPUQET INSTRUCTION 12532.1A From: Subj: Ref: Encl: Commander, Puget Sound Naval Shipyard ENVIRONMENTAL DIFFERENTIAL PAY PLAN UNDER THE FEDERAL WAGE SYSTEM (a) FPM Supplement 532-1 (b) NAVSHIPYDPUQETINST 7418. 4D

(I) Administration of Environmental Differential Pay (2) Schedule of Environmental Differentials

1. Pur~ose. To establish policies, responsibilities and procedures for the implementation, operation and control of environmental differentials for wage grrade employees.

2. Cancellation. NAVSHIPYDPUQETINST 12532.3B and NAVSHIPYDPUQETINST 12532.1 are superseded. Since this is a complete rewrite, asterisks have not been used to denote changes.

a. By reference (a) the Office of Personnel Management (OPM) has issued regulations pertaining to the payment of differentials to wage grade employees for exposure to the following:

(1)
(2) (3)

Hazards of an &usually

severe nature

Physical hardships of an unusually severe nature Working aonditions of an unusually aevere naturve

b . Although normal working conditions are taken into account in rating jobs, environment.al situations of an unusually Severe nature cannot be built into the job grading process and additional compensation may be warranted.
c. Percentake differentials based on the area rate of '~(i-10, step 2, have been established for the categories of environmental situations and are listed in refe~enae (a). When authorized .to" receive an environmental differential, wage grade employees will receive the same hourly amount regardless of their grade level.

4. Poliay. It i s Navy policy to provide a safe and healthful work place for all personnel. It is the inherent responsibility of the command at all levels of supervision to eliminate or .minimize to the lowest possible degree, all hazards, phmical hardships, and Working conditions of an unusually severe nature. When concerted effort does not overcome these conditions. Environmental Differential Pay shall be provided Federal Wage System
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GETINST 12532.1A tmployees as addit'ional compensation for exposure to such conditions as authorized by reference (a). The Environmental Differential shall be administered per instructions set forth in enclosure (1) as such pay is applicable to the situation, or essentially s i m i l a ~situations, specified in enclosure (2). Even though an envi~onmental diiferential is authorized, continuous positive action must be taken to eliminate danger and risk which contribute to or cause the hazard, physical hardship or working conditions of an unusually severe nature. Authorization to pay an environmental differential is not an approval of work practices which circumvent safety rules and regulations. When app1i.cable to particular situations, Occupational Safety and Health Administration standards provide the legal permissible exposure limits (PELS) to determine i f a hazard, physical hardship or working condition of an unusually severe nature has been practically eliminated.

a.

First Level Suvervisors will:

(I) Review monthly reports of environmental differential payments for their respective area of concern and initiate appropriate changes or corrective action when warranted. (2) Review environmental pay regulations and guidelines to make consistent and equitable decisions and recommendations on environmental issues. (3) Initiate actions to eliminate hazards, physical hardships and working conditions of an unusually Severe nature, or reduce to the lowest possible level insofar as practical. These actions will be coordinated with other managers from within and outside the immediate organization.
4 Ensure that protective equipment and clothing are available and used for the elimination or reduction of hazardous or adverse working conditions, including providing appropriate training in the use of protective control measures.
<

... . . i' j

. . ..
,

~ecommendthe payment .of an environmental dif f erential on the appropriate muster sheet and route to the appFoving. official via the 2nd level supervisor. Consultation with aubjeet matte^ specialists, 1 . e : . Industrial Hygienist; Safety: Specialist; etc. , may be, necessary'p (5)

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b.

NAVSHIPYDPUQETINST 12532.1A 013' 1 8 1 9 91 Second Level Supervisors will:

(1) Review the applicable work site with the first level supervisor to determine hazardous situations and adverse working conditions with the objective of elimination or reduction of theae to the lowest level possible. (2) Ensure that subordinate supervisors are knowledgeable of the proviaions and requirements of the environmental pay program and discharge their responsibilities in a consistent manner. (3) Assist first level supervisors in obtaining or making available the appropriate safety equipment, devices and clothing.
(4) Initial the muster sheet or other documents involving the payment of an environmental differential when the regulatory requirements have been met and policy guidance followed.
I 1

c.

Third Level Swervisors will:

~ ~ ~ i o v payment of' an environmental differential when the e applicable regulations and conditions have been met. d. gho~ Heads/Division Heads will:

(11 Support subordinate managers/supervisors in their endeavors to eliminate or reduce to the lowest level possible. the hazards, risks and conditions that warrant the payment of environmental differentials.
(2) Initiate action to add additional environmental pay categories when'reference (a) does not cover a local work situation and it appears a differential payment may be warranted. ....

e.

E m ~ l o v e e swill:

(1) Assume personal responsibility and accountability for utilization of protective devices, equipment and clothing and adhere to safe work practices and procedureS. (2) Notify their immediate s u p e r v i s o ~when working conditions are hazardous, unsafe, or otherwise adverse when these are not already known.

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NAVSHIPYDPUQETINST 12532.1A

om

1 8 1991

f.

The Directo~of Industrial Relations (Code 150) will!

(1) Provide adviso~yservices relative to questions involving the Environmental Differential Pay Plan and the proppiety of diffe~ential'pay for papticular work assignments.

(2) Provide necessapy publicity in changes, deletions additions to the plan.

OF

(3) Conduct audits on the use of Environmental Differentia1 assignments duping poai tion reviews or as ci~cumstances warpant, pepopt any misapplication or apisinterpretation to the Department Ifead, review questionable Envi~onfnentalDifferential pry aituhtions that may arise, advise line management on the approppiateness of allowances, and recommend ta the Navy's Offioa of Civilian Pe~sonnelManagement new Envi~onmental Differential Pay categories when wamanted. g. C o m ~ t r o l l ewill: Process daily muster sheets or any ~ other ve~ifyingdocuments that reflect differential pay in accordance with cuppent procedu~es.
h. Occu~ationalSafety and Health Office will: P ~ o v i d esuch services as needed to evaluate environmental conditions, protective equiprnent/clothing and personal exposure.

DISTRIBUTION NAVSHIPYDPUQETINST 5215.5P Liats A, B, C, F, Q, and DCP Copy to: 148.3 (5) 175 (5)

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NAVSHIPYDPUUETINST 12532.1A

1 8 1991
ADMINISTRATION OF ENVIRONMENTAL DIFFERENTIAL PAY
1.

Ouidelines

a. Every'effort shall be made to eliminate or reduce to an absolute minimum the exposure of employees to the hazards, physical hardships, and adverse working conditions compensable under thin instruction.
b . R*f*renar (a) states that Environmental Differential Pay is authorized for?

(11 Exposure to an unusually severe .hazard which could ~ e s u l tin aignificant injury, illness. or death, such as working on a high structure or on an open structure when adverse conditions auch as darkness, lightning, steady rain, snow, sleet, ice or high wind velocity exist.
(21 Exposure to an unusually severe physical hardship .under circumstances which cause significant physical discomfort br distress.
( 3 ) Exposure to an unusually severe mrking condition under circumstancea involving exposure to fumes, dust, or noise which cause aignificant distress or discomfort in the form of nausea. skin, ear, or nose irritation, or conditions which cause abnormal soil of body or clothing.

I

i

I

c. Thia schedule is the legal basis for the payment of environmental differentials at Puget Sound Naval Shipyard. Only those defined work situations, or essentially similar work situations in enaloaube (21 are payable. For changes to this achedule, please refer to paragraph 6 .
2. Schedule of Environmental Differentials: Differential Pay is divided into two parts?

1i

The schedule of

Part I : Defines categories of exposure for which differentials will be paid for actual exposure, with a minimum of one hour's differential pay for the exposure. Part 11: Defines categories of exposure for which diffepentials will be paid.on the basis of houra'in Day status.

I

3.

Pavment Procedures

a. The hourly amount of the Environmental Differential-is determined by multiplying the pepcentage rate authorized f o ~ the category by the second step rate for Grade W - 1 0 on the Enclosure
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NAVS I

Shipyard's current regular nonsupervisory wage schedule. The resulting cents-an-hour amount is paid uniformly to each wage employee who qualifies for the authorized environmental differential. regaFdless of the wage rate of the employee. b . An employee subjected at the same time to more than one hazard, physical hardship or working condition listed in the schedule shall be paid for that exposure which results in the highest differential, but.Shal1 not bk paid more than one differential for the same ~ O U F ' S work.

m7 6Y6Y "".

QETINST 12632.18

4. When Environmental Diffe~ential is Paid. Environmental Differential Pay will be paid when a wage grade employee is performing assigned duties which expose the employee to a hazard, physical hardship or working condition as specified in enclosure (2). Each category of hazard, ha~dshipor working condition listed in reference (a) and Appendix 11 of the negotiated agreement between the Shipyard and the Bremerton Metal Trades Council, indicates whether payment is made on an actual exDosure basis or - on a n
a. When an employee is entitled to an Environmental Differential which is paid on an actual exnosure basis,the employee ahall be paid a minimum o one hour's diffe~entialpay for the ! exposure. For exposure beyond one hour, the employee shall be paid in increments of one-quarter hour for each 15 minutes and portions thereof. For example, an employee who is exposed for 10 minutes beyond one hour will be paid one and one-quarter hours for exposure, and i f exposed for 20 minutes beyond one hour, will be paid one and one-half hours for exposure. b. When an employee is exposed at intermittent times during a day to a hazard, physical hardship or working condition for which Environmental Differential ia paid on an actual exDosure baaisAeach exposure is considered separately, and the amount of time exposed i s n o t added together before payment is made for eltposure beyond one hour'd'.~duration. However, pay for the Environmental Differential may not exceed the number of houas of active duty by the employee on the day of the expoaure. : c. When an employee is exposed to a hazard, physical hardship or working condition for which an environmental differential is payable on the basis of hours in Day statua, and on the same day is exposed to a hazard, physical hardship or working condition for which an Environmental Differential is payable on an actual ex~osurebasis at a higher rate. the employee shall be paid the Environmental Differential on the basis of actual exposure for that exposure and the Environmental Differential on the basis of the hours in pay etatus for remaining working hours that day. 2 Enclosure (1) -6-

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NAVSHI YDPUGETINST 12532.1A

OCT 1

d. When an employee is exposed to more than one category for which the Environmental Differential is payable on an actual exposupe basis, each category is conside~edsepa~atelyin computing the amount of Envi~onmentalDifferential payable. e. Environmental Differential is included as part of an employee's basic rate of pay for periods of paid leave (annual leave, sick leave, administrative excusals, etc.) u n d e ~the following ci~cumstance~:
(1) When an employee is exposed to a situation for which an Environmental Differential is authorized on the basis of h o u ~ s in a pay status, that differential will be paid duping a period of absence on paid leave on the day on which the exposupe occurs.
(2) When an employee is exposed to a situation fop which an Environmental Diffe~ential is authorized on an actual exposure baais, that diffe~entialwill be paid during a p e ~ i o dof absence on paid leave only to the extent that such leave is within the minimum payment periods specified in papagraph la. An employee will not be paid an Environmental Diffe~entialduping a period of absence on paid leave on any day on which the employee is not exposed to situations fop which an Environmental Differential is . authorized.
5.

8 1991

Relationshin to Other Pap

a. Envi~onmental Diffemential is included as part of the employee's basic rate of pay and shall be used to compute p ~ e m i u m pay (pay for overtime, holiday, or Sunday work), the amount for which retirement deductions ape made and the amount on which group life insurance is based. b. Because an Envi~onmentalDifferential is paid only on a day on which an employee ie exposed to a situation lor which the differential is authorized, it is not included in a lump sum payment for annual leave om in computing severance pay.

a. Categoriea in enclosure (2) have been determined applicable to work situations at Puget Sound Naval Shipya~d. Per reference (a), there may be other instances or work that qualify for Environmental Diffe~entialwhich are not included in this instruction. In that case, a Shop OF Division Head may ~ecommend changes to the Schedqle. When agreement is ~ e a c h e dupon applioability of any new categopies of additional pay for a specified work situation, the Indust~ialRelations Office will issue a change to this inst~uction.

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NAVSHI YDP GETINST 12532.1A
7,-- When Environmental Dif ferential is not Payable.

A brief onsual exposure, passing through an area when an unusual condition exists, incidental entries, brief inspections and the like, do not warrant the diffe~entialpay. The exposure must occur while performing the actual work which subjects the employees to the physical hazards. hardships or working conditions of an unusually severe nature. Authority to ApDrove Environmental Differential Pap. The immediate su~ervisorwill assess the particular job condition and determine whither or not the condition meets the criteria for additional pay. An accurate assessment of working assignments involving poisons, explosives, fibrous glass, etc., may require the aesistance of other personnel, i.c., Occupational Safety and Health Office, medical, etc. When dete~minedthat additional pay is warranted, a recommendation for payment will accompany the muster sheet on which the differential is annotated and routed to the third level supervisor, via the second level supervisor, for approval. The time card will be completed in accordance with reference tbl
8.

ncr 161d

.

Enclosure .(I)
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NAVSHIPYDPUQETINST 12532.1A

flCT I 8 IWf

Part I . PAYNEllT FOB ACTUAL EXPOSIlILB QIFFERENTIAL R m CATEGORY FOR WHICH PAYABLE
25%

H1O.H WDRK (Pay .Code 42)

a.

Working on any structure at least 100 feet above the ground, deck, floor or roof. or from the bottom of a tank or pit. Working at a lesser height; (11 (21
If the footing is unsure or the structure is unstable, or,

b.

If adverse conditions such as darkness, steady rain, high wind, icing, lightning or similar environmental factors render working at Such height(s1 hazardous.

EXAMPLES:# CONDITION b. ONLY Removing structural membess of a mast without adequate safeguards. Drilling or painting from a swinging stage, boatswain chair or similar device. Replacing wiring on open towers during stormy conditions.

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DIRTY WDRK (Pay Code 26) (Performing work which subjects
the employee to soil of body or clothing) a. b. Beyond that normally to be expected in pesforming the duties of the classification; and Where the*condition is not adequately alleviated by the mechanical equipment or protective devices: or When the use of mechanical equipment, protective devices, OF protective clothing results in an unusual degree of discomfort.

c.

I

EXAMF'LES!# Using and operating sandblasting equipment: working dirty sewage tanks; working in confined areas where there is excessive dust. dirt. or fumes due to the a ~ ~ l i c a t i oor reumva n . of aurface coverings; such as paint, lime, &;?ment wash: welding and burning in @ease coated ballast tanks. Enclosure ( 2 )
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NAVSHIPYDPUGETINST 12532.1A
-

4%

OGT 1 8 1 W

COLD W K (Pay, R Code 8 8 ) Working in cold storage or other climate controlled areas where the employee is subjeated to temperature at or below freezing (32 degrees Fahrenheit) where 8_uch exposure is not ~ r a c t i callv eliminated 8 the mechani~al eaui~ment OF protective devices beigg used.

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EXAMPLES!* Performing maintenanae and/or repair inside cold. storage lockers.

4%

HOT W K (Pay Code 25) R Working in confined spaces wherein the employee is subjected to temperatures in excess of 110 exposure is not degrees Fahrenheit where practicall~eliminated by the mechanical euuipment protective devices beinR used.

EXAMPLES:w Working in fire, boiler or maahinery spaces when temperatures in the area cannot be ~ e d u o e dby ventilation equipment; working in steam tunnels and manholes containing steam or hot water lines; working on or in vessels such as steam aocumulators when preheated for welding repairs.
4%
#gLDI11(3 PREHEATED yg'rALS
Welding various metals OF pe~formingan integral part of the welding process when the employee must w o ~ kin confined spaces in which large sections of metal have been preheated to 150 degrees Fahrenheit or more, and the discomfort is not alleviated by protective devices OF other means, or discomforting protective equipment muat be worn. EXAMPLES:* Welding high-yield steel frames, bulkheada, and other ship parts under conditions specified above.

Enclosure (2)
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YICRO-SOLDERIIIQ O R WIRE #gLDIII(f AMD ASSEYBLY (Pay Code 04) W o ~ k i n gwith binoculap-type mic~oscopeau n d e ~ conditions which s e v e ~ e l yp e s t ~ i c t the movement of the employee and impose a stpain on the eyes, in the soldering or wipe welding and assembly of m i n i a t m e electronic components.
EXAMPLES:* When using mic~oscope to do w o ~ k on m i o ~ o - m i n i a t u ~ e electronic c i ~ c u i tboards.

IRORK AT EXTREME HEI(fHTS (Pay Code 7 4 )

Working at heights 100 feet O F more above the ground, deck, floor, or ~ o o for from the bottom of a tank O F pit on such open s t ~ u c t u ~ e s as towers, girders, smokestacks and s i m i l a ~ structures : a. b.

I f the footing is unsure is unstable, op . .

OF

the s t r u c t u ~ e

..

I f safe scaffolding, enclosed l a d d e ~ sO F other similar protective facilities ape not adequate (for example, working f ~ o m a swinging stage, boatswain c h a i ~ , F a O similar s u p p o ~ t ) ;
I f advepse conditions such as d a ~ k n e s s , steady pain, high wind, icing. lightning, O F s i m i l a ~envi~onmental f a c t o ~ sr e n d e ~ w o ~ k i n gat such heights hazardous.

c.

Installing and ~ e m o v i n gstaging on ship masts O F othep high a t ~ u c t u r e s ;w o ~ k i n gfrom a boatswain chair or swinging stage: working on masts and yardarms where staging is not provided: working f ~ o m suspended pe~sonnel box. a
EXAMPLES:*

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NAVSHI YDPUQETINST 12532.1A

c!CI I

6%

8 1921

FIBBOUS QLASS W K (Pay Code 33) B Working with or in close proximity to fibrous glass material which results in.exposure of the skin, eyes, OF bespiratory system to imitating f i b ~ o u sglass particles or slivers where exDosure is not practicall~ eliminated & the mechanical equi~ment protective devices beinff used.

EXAMPLES:* .Operations involving employees grinding, cutting, eewing, installing, or removing fibrous glass materials such as ihaulation, false or acoustical ceilings, rock wool, etc., which create excessive dust of airborne fibers that is not practically eliminated by the use of safety devices or protective equipment. OIELDIPQ, CIITTIII(1 OR BrmPIPQ IP CO3lFIliED SPACES (Pay Code 43) Welding, cutting. or burning within a confined space which necessitates working in a horizontal to nearly horizontal position. under conditions requiring egress of at leaat 14 feet over and through obstructions including: a. Access openings and baffles having dimensions which greatly restrict movements. and
T r v r u inner surfaces of the structure or atruatural aomponents.

1'

-, .

. ,

h

EXAMPLES:* Putting on hot patches in ships when employee is required to lie on back to do the work; working in confined potable . . water tanks.

ItUOTE: Exanwles a illustrative and do not describe poasible work aituations under which environmental differential payable. For work situations not specifically described in the above e x a m ~ l e sto be payable under this instlcuction, the aituation mu8t be $asentiallv aimilw.

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Enclosure (2)
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NAVSHIPYDPUQETINST 12532.1A 'art 11. -PAYMENT O H BASIS J O HOURS IN PAY STATUS

9CT

I 8 1991

DIFFEREtrPIAL CATEGORY FOB WHICH PAYABLE
SBX

DUTY ABOBaD SWNERQED VESSEL (Pay Code 7 8 ) Duty aboard a submarine or other vessel. such as a deep-research vehicle whlle submerged

EXAMPLES:* merged.

Duty aboard a submarine or other vessel while sub-

EXPLOSIVES A ~ I DI N C E ~ I ~ B Y HBTERIG EAZBaD (Pay Code SO)
.

-

LOW D E Q ~

.

Working with or in close proximity to explosives and inaendiary material which involves potential injury, such as laceration of hands, face or arms of the employee, minor irritation of the skin. minor burns, and the like; minimal damage to immediate or adjacent work area or equipment being used and wherein ~rotectivedevices and/or safety measures have not practically eliminated the potential for such injury

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EXAMPLES:* Operations involved in loading, unloading and hauling ammunition other than small arms ammunition or other explosives or working in.close proximity to such operations. POISOMS (TOXIC CHEUICALS) LOW DEQRKE EAZARD (Pay Code 61) 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 ior personal ihjury. EXAMPLES:* Hazardous Waste Handler8 handling, ,shipping, marking, labeling, hauling, and stoping loaded containers of toxic chemicals that have been monitored. Enclosure (2) S -

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NAVSHIPYDPUQETINST 12532.1A

1 8 14 9

EX

PRESSURE CHAMBER AHD CEOTBIFUQJ?LL STRESS (Pay Code 20) Exposure in pressure chamber which subjects employee to physical s t ~ e s sor where there is potential danger to participants by reason of equipment failure or reaction to the test conditions: or exposure which subjects an employee to a high degree of centrifugal force which causes an unusual degree of discomfort.

EXAMPLES:* Employee6 engaged in the installation, testing, maintenance and operation of a sonar dome rubber window and associated equipments while subjected to pressurized (15 psig) enuironment .
8%

ASBESTOS (Pay Code 27) Working in an area where airborne concentration of asbestos fibers may expose employee6 to potential illness or injury and protective devices or safety measures have not practicalLy eliminated the potential for such personal illness or injury.

EXAMPLES: * Employees assigned to ~sbestosRemoval Teams:. employees exposed to handling, cutting or sewing'asbestos materials. WPOTE: ExamDle6 are illustrative and do not describe all anplicable situation6 under which environmental differential & payable. For work situations not snecifically described in the above examples to b e payable under thtS instruction, the situation must be essentially similar.

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Enclosure (2)

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