Labor Relations
GSFC-GESTA Collective Bargaining Agreement
Article 26 Hazard Pay Differential
SECTION 26.01 Employees are entitled to a pay differential for hours of duty involving unusual physical hardship or hazard as provided in Office of Personnel Management (OPM) and Agency regulations in accordance with the schedule published in Appendix A of Part 550, Code of Federal Regulations (CFR). However, hazard pay differential may not be paid an employee when (1) the hazardous duty has been taken into account in the classification of his/her position; or (2) when adequate safeguards, safety precautions, protective devices or procedures exist so that the degree of risk has been reduced to a negligible level. In accordance with the Factor Evaluation System, an employee's position description shall reflect any hazardous duty which was considered in the classification of the position. Exceptions to the above may be made in the following situation: (1) the actual circumstances of the specific hazard or physical hardship have changed from that taken into account and described in the position description, and (2) using the knowledge, skills, and abilities that are described in the position description, the employee cannot control the hazard or physical hardship, thus, the risk is not reduced to a less than significant level.
SECTION 26.02 If the employee disagrees with the determination of Section 26.01 above, and where pay differential is the issue, the employee may follow the grievance and arbitration procedures outlined in Article 16 and 17 of this Agreement.
SECTION 26.03 If there are work situations in the Units not covered in one of the categories for which OPM has authorized hazard pay, but considered by Management to warrant a pay differential because of severe hazard or hardship, they shall be submitted for review by OPM as provided in Section 550.903 of 5 CFR.
SECTION 26.04 Nothing in this Article shall be interpreted to preclude the right of GESTA or the International Office of IFPTE to request OPM to consider amendments or additions to the schedule for hazard pay differentials.
