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

B-180109 1 (1976-01-02)

handle is hein.gao/gaobaddtr0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION :OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: DATE: January 2, 1976 B-180109 MATTER OF: James H. Lee - Reconsideration of environmental differential for cold work DIGEST: Civil Service Commission (CSC) requests reconsideration of prior decision (53 Comp. Gen. 789) which held that environmental differential for cold work must be paid notwithstanding the furnishing of protective clothing to employee. GAO reaffirms prior decision because the work was performed under circumstances listed in Appendix J, FPM Supplement 532-1. Also, CSC states there are inconsistencies in the wording of Appendix J and regulations and plans to revise regulations. The Chairman of the Civil Service Commission (CSC), by letter of April 3, 1275, requests that we reconsider our decision, 53 Comp. Gen. 739 (1i74), 1-100109, which held that an environmental differ- ential for cold work must be paid notwithstanding the furnishing of protective clothing to the employee. In that case Mr. James H. Lee, a food service worker employed by the Veterans Administration (VA), claimed that he should receive environmental differential for cold work under Appendix J of the Federal Pe'rconnel Manual (FFI[) Supplement 532-1. The Veterans Administration claimed that protective clothing furnished the employee practically eliminated the disconfort, and, therefore, under sub- chapter 88-7, FPMi Supplement 532-1 (Jan. 1, 1973), payment of an environmental differential was not warranted. Subchapter S8, FPM Supplement 532-1 provides in part that: . Chiective. Each agency should have as its objective tie elimination or reduction to the lowest level possible of all ha-ards, physical hard- ships, and working conditions of an unusually severe nature. vhen the agency action does not overcome the unusually severe nature of the hazard, physical hardship, or working condition, an environmental differential is warranted. Even though an environ- mental differential is authorized, there is an agency responsibility to initiate continuing positive acticn to eliminate danger and risk which contribute or cause the hazard, physical hardship, or working ,;2-7

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