In this subpart: Agency has the meaning given that term in 5 U.S.C. 5102(a)(1).
Duty involving physical hardship means duty that may not in itself be hazardous, but causes extreme physical discomfort or distress and is not adequately alleviated by protective or mechanical devices, such as duty involving exposure to extreme temperatures for a long period of time, arduous physical exertion, or exposure to fumes, dust, or noise that causes nausea, skin, eye, ear, or nose irritation.
Employee means an employee covered by the General Schedule (i.e., covered by chapter 51 and subchapter III of chapter 53 of title 5, United States Code).
Hazardous duty means duty performed under circumstances in which an accident could result in serious injury or death, such as duty performed on a high structure where protective facilities are not used or on an open structure where adverse conditions such as darkness, lightning, steady rain, or high wind velocity exist.
Hazard pay differential means additional pay for the performance of hazardous duty or duty involving physical hardship.
Head of an agency means the head of an agency or an official who has been delegated the authority to act for the head of the agency in the matter concerned.
[56 FR 20344, May 3, 1991, as amended at 59 FR 33416, June 29, 1994; 64 FR 69179, Dec. 10, 1999]
Notes of Decisions
Cited in
7
cases (
4 in the last 5 years), 2007–2024 · leading case:
Adair v. United States, 497 F.3d 1244 (Fed. Cir. 2007).
Adair v. United States, 497 F.3d 1244 (Fed. Cir. 2007).
“Hazardous duty means duty performed under circumstances in which an accident could result in serious injury or death, such as duty performed on a high structure where protective facilities are not used or on an open structure where adverse conditions such as darkness, lightning,…”
Adams v. United States, 59 F.4th 1349 (Fed. Cir. 2023).
“” 3 5 C.F.R. § 550.902 . In other words, an employee per- forms a hazardous duty where there is a recognized danger or risk that the employee would suffer a serious injury or death if an accident were to occur.”
Adams v. United States (Fed. Cl. 2021).
· cites it 4× “” 5 C.F.R. § 550.902 . OPM further defined “[h]azardous duty” as “duty performed under circumstances in which an accident could result in serious injury or death, such as duty performed on a high structure where protective facilities are not used .”
State ex rel. Cincinnati v. Indus. Comm., 2023 Ohio 3638 (Ohio Ct. App. 2023).
“(5) As used in division (X) of this section, “hazardous duty” has the same meaning as in 5 C.F.R. 550.902, as amended. {¶ 29} In the present case, the employer first argues that the commission improperly exercised continuing jurisdiction when it allowed the claim for thyroid…”
Lisk v. United States (W.D. Va. 2020).
· cites it 2× “¶ 1 (citing 5 C.F.R. § 550.902 ).) In his complaint, Lisk cites to the Fair Labor Standards Act (FLSA), 29 U.”
Adams v. United States (Fed. Cl. 2020).
“]” 5 C.F.R. § 550.902 . Further, “[h]azardous duty means duty performed under circumstances in which an accident could result in serious injury or death[.”
State ex rel. Cincinnati v. Indus. Comm., 2024 Ohio 5010 (Ohio Ct. App. 2024).
“(5) As used in division (X) of this section, “hazardous duty” has the same meaning as in 5 C.F.R. 550.902, as amended. {¶ 28} The primary goal of statutory interpretation is to determine and uphold “the General Assembly’s intent in enacting the statute.”
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