About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-246364 1 (1992-04-14)

handle is hein.gao/gaobadoat0001 and id is 1 raw text is: Comptroller General of the United States Wa hngtou, DC, 2048 Decision Matter of: Nicholas P, Davis File: B-246364 Date: April 1i1, 1992 DIGEST 1- - 4'l Agency has determined'that employee, whose duties as a Security Guard expose himrito,,hazardous materials and high noise levels, has been effedtively safeguarded by the agency, Thereforel the criteria for payment of a hazard duty pay differential has not been met, The entitlement to hazard duty pay differential is a decision vested primiarily in the employing agency, and this Office will not substitute its judgment for that of agency unless that judgment was clearly wrongl arbitrary, or capricious. Further, since the hazardous duties performed by the employee have been taken into account in the classification of the position, payment of the differential is prohibited by 5 U.S.C. § 5545(d)(1) and 5 C.F.R. § 550.904(a) (1991), The claim is denied, DECISION This decision is in response to an appeal by Mr. Nicholas P. Davis, an employee of the Department of Energy (DOE), of the settlement action by our Claims Group which denied his claim for the payment of a hazard duty pay differential.1 The denial of the claim is affirmed. Mr.. Davis is employed as a Security Guard, GS-085-6. He is exposed to h&zardbusmaterials and high noise-levels as an escort in transporting those materials by air and ground conveyances. Mr. Davis' claim for payment of a hazard duty pay differential was denied by DOE. Mr. Davis argues-that some of the containers used to hold the hazardous materials were put into service almost 30 years ago and that their integrity i s questionable. He points out that labels on the containers warn of the hazardous contents and are not to be-carried on passenger aircraft. Mr. Davis also contends that although the ear protection devices reduce the noise levels to acceptable 'Settlement Certificate Z-2867267, Aug. 15, 1991. SI

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most