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B-197978 1 (1980-06-05)

handle is hein.gao/gaobadihv0001 and id is 1 raw text is: 0%LER 0r THE COMPTROLLER GENERAL OECISION . OF THE UNITED STATES o WASHINGTON, D. C. 20549 FILE: B-197978 DATE: June 5, 1980 MATTER OF: Leroy J. Pletten -'Hazardous Duty Differentia DIGEST: Employee claims hazardous duty differential under 5 U.S.C. § 5545(d) for exposure to allegedly toxic compounds in tobacco smoke. The claim was dis- allowed by employing agency and that disallowance is sustained because whether a particular situation warrants payment of a hazardous duty differential is a decision which is vested primarily in the employing agency and GAO will not substitute its judgment for that of agency officials unless that judgment was clearly wrong or was arbitrary and capricious. The issue presented is whether a General Schedule employee may receive a hazardous duty differential under 5 U.S.C. § 5545(d) for exposure to the allegedly toxic substances in tobacco smoke. For the reasons set forth below we hold that the claimant is not entitled to the payment of a hazardous duty differential under these circumstances. On August 2, 1979, Mr. Leroy J. Pletten,.a position clas- sification specialist with the Army Tank-Automotive Material Readiness Command in Warren, Michigan,' filed a claim for past and future payment of a hazardous duty differential for exposure to toxic chemical materials when there is a possibility of leakage or spillage. This category of hazard is listed in FPM Supplement 990-2, subchapter S9, Appendix A, which provides for a 25 percent hazard pay differential. A review of the record indicates that Mr. Pletten is basing his claim on his exposure to tobacco smoke in the course of his normal duties. Mr. Pletten has included in the record a list of the substances in tobacco smoke that are alleged to be toxic and harmful to an individual's health, and he relies upon various public documents and laws that recognize smoking as a hazard to health. On August 23, 1979, and again on November 2, 1979, Mr. Pletten's claim was summarily disallowed by his employing agency. By Settlement Certificate Z-2819894, January 31, 1980,

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