0800 Classification and Compensation

0870(D) HAZARDOUS DUTY DIFFERENTIALS – SECTION 130.9

.1 Background

.110 Statutory Authority

111 Section 130.9 of the Civil Service Law provides that the Director of the Division of Classification and Compensation may authorize payment of additional compensation, called a Hazardous Duty Differential, to employees exposed to hazardous working conditions in certain locations and under specified conditions.  All such determinations are subject to the approval of the Director of the Division of the Budget.

.120 Purpose 

.121 Risk management and risk reduction are the primary objectives of the State commitment to occupational safety and health.  As such, there are certain assignments which expose employees to unavoidable, clear, and direct risks and hazards to their safety and health – considerations which are not otherwise addressed in a position’s salary grade allocation.

.2 PROCEDURE 

.210 Applications and Appeals

.211 Section 130.9 authorizes applications for a Hazardous Duty Differential from appointing officers, employees, and employee representatives.  All applications should be submitted in writing to the Director of the Division of Classification and Compensation.

.212 All requests should include detailed information and documentation that demonstrates how the request meets the established criteria to qualify an assignment for a Hazardous Duty Differential.

.213 The three (3) step appeal process is as follows: A.  Step 1: Appeals of eligibility at approved locations or which involve the accuracy of Hazardous Duty Differential payments shall first be submitted for review to the agency head or designee.  Appeals regarding accuracy of payment may only be appealed through Step 1.B.  Step 2: An appeal from an unsatisfactory decision at Step 1 involving employee eligibility for a Hazardous Duty Differential may be filed with the Director of the Division of Classification and Compensation within 15 working days of the Step 1 decision.C.  Step 3: An appeal from an unsatisfactory Step 2 decision by the Director of the Division of Classification and Compensation may be filed within 60 calendar days with the Civil Service Commission.

.3 APPLICABILITY 

.310 Subcategories 

.311 There are currently two “subcategories” of the Hazardous Duty Differential:

1. Those which provide additional compensation for “people-related hazards.”  [This type is commonly referred to as the Hazardous Duty Pay (HDP) Differential.  At the Office of Mental Retardation and Developmental Disabilities (OMRDD), it is referred to as Behavioral Intervention Pay (BIP).]
2. Those which provide additional compensation for exposure to chemical, biological, radiological, or other “environmental and/or non-people related hazards.”  [This type is commonly referred to as the Safety Incentive Differential.]

 .320 “People Related Hazards” Established Criteria, Approved Locations, and Payment Information

.321 State employees are eligible to receive the Hazardous Duty Differential for “people-related hazards” in agencies and locations approved by the Director of the Division of Classification and Compensation provided their regular work schedules expose them at least 50 percent of the time to clear, direct, and unavoidable hazards from clients, inmates (i.e., general inmate population) or patients, and they are not otherwise compensated for such hazardous exposure.  Part-time employees assigned to the hazardous locations who meet the 50 percent criteria, are eligible for payments.  Substitute employees qualify without meeting the 50 percent criteria.  Employees paid on an hourly basis are not eligible.

.322 State employees at the following locations are eligible to receive the Hazardous Duty Differential for “people-related hazards:”

1. Department of Correctional Services – Medium and maximum security correctional facilities, and the Willard Drug Treatment Campus.
2. Department of Motor Vehicles – Staff assigned to Correctional Services medium or maximum security facilities.
3. Division of Parole – Staff assigned to Correctional Services medium and maximum security facilities and all field assignments.
4. Office of Children and Family Services – All secure facilities.
5. Office of Mental Health – Adult, children, youth and geriatric admitting units, secure units, regional forensic units, and forensic hospitals.
6. Office of Mental Retardation and Developmental Disabilities (OMRDD) – All units/locations having a 50 percent or greater population of clients identified as aggressive, requiring a behavior management plan approved by the Interdisciplinary Treatment Team. (Within the OMRDD, the Hazardous Duty Differential is referred to as Behavioral Intervention Pay or BIP.  It is, in all other ways, identical to the Hazardous Duty Differential.

.323 The Hazardous Duty Differential for “people-related hazards” can only be authorized for unionized employees if the applicable negotiated agreement provides for such Differential.  Managerial/Confidential employees qualify for the Hazardous Duty Differential.  The amount negotiated can be found on the GOER web site at www.goer.state.ny.us.  Payment is calculated on an hourly basis and distributed pursuant to an agency defined schedule.

.330 “Environmental and/or Non-People Related Hazards” Established Criteria and Payment Information

.331 State Agencies and employees are eligible to receive the Hazardous Duty Differential for “environmental and/or non-people related hazards” based on the following criteria:

1. State Agencies must have in place:
   1. Formal training in respiratory protection and hazard identification that conforms to OSHA, Part 1910.134.
   2. Appropriate medical monitoring of employees whose work assignments entail contact with hazardous substances.
   3. Administrative and supervisory procedures to effectively manage hazardous substance work sites.
2. Employees are eligible to receive the Hazardous Duty Differential for “environmental and/or non-people related hazards” if they:
   1. Are employed in an eligible agency.
   2. Participate in the formal training and medical monitoring and comply with the procedures described in Part A above.
   3. Perform activities as described in the following bullet requiring the use of at least Level C Personal Protection Equipment (PPE) as defined by the U.S. Environmental Protection Agency's "Interim Standard Operating Safety Guides," Part B (Revised September 1982).
   4. On a primary (50%) or occasional (at least 30 days per year) basis, conduct investigations at hazardous substance spills or other hazardous substance emergencies, or inspect hazardous substance facilities sites (e.g., manufacturers, storage facilities, active/inactive waste sites), or manage the cleanup of inactive hazardous waste sites.

.332 The Hazardous Duty Differential for “environmental and/or non-people related hazards” can only be authorized for unionized employees if the applicable negotiated agreement provides for such Differential.  Managerial/Confidential employees qualify for the Hazardous Duty Differential.  The amount negotiated can be found on the above noted GOER web site.  Payment is calculated on a daily basis and distributed pursuant to an agency defined schedule.

1. "Primarily" Field Employees:
   1. Employees who are designated as "primarily" field employees (i.e., spend at least half of the regular work schedules in field assignments described in Section .331(B) above) receive the Hazardous Duty Differential for “environmental and/or non-people-related hazards” for each day or part thereof they work.  Time charged to leave credits of a full day is not credited for the Differential.
   2. “Primary” field employees who are eligible to earn overtime compensation will receive the Hazardous Duty Differential for “environmental and/or non-people-related hazards” at the time and a half rate for work beyond 40 hours in the work week.
2. “Occasional" Field Employees:
   1. Employees who are designated as "occasional" field employees (i.e., spend a minimum of 30 work days a year up to half time in the field assignments described in Section .323(B) above) receive the Hazardous Duty Differential for “environmental and/or non-people related hazards” for each day or part thereof spent in eligible field assignments.
   2. "Occasional" field employees who are eligible to earn overtime compensation will receive the Hazardous Duty Differential for “environmental and/or non-people related hazards” at the time and a half rate of work beyond 40 hours a week spent at hazardous work sites.

.340 Considerations

.341 A Hazardous Duty Differential, for both “people-related hazards” and “environmental and/or non-people related hazards,” will be applied to eligible employees at a negotiated rate for time actually at the work site.  Leave time is not credited for Hazardous Duty Differential pay purposes.  Employees eligible to earn overtime will receive a Hazardous Duty Differential at the time and a half rate for overtime worked in the hazardous duty location.

.342 A Hazardous Duty Differential, for both “people-related hazards” and “environmental and/or non-people related hazards,” is not considered part of an employee's base annual salary.

.343 An employee does not retain the benefit of a Hazardous Duty Differential, for both “people-related hazards” and “environmental and/or non-people related hazards,” when that employee ceases to be employed in the position or assignment for which the Hazardous Duty Differential was authorized.  Contact the Office of the State Comptroller's Payroll Unit regarding salary implications.

.344 Further specifics and examples of the application of a Hazardous Duty Differential, for both “people-related hazards” and “environmental and/or non-people related hazards,” can be found in the Office of the State Comptroller’s Salary Manual (see previously listed Civil Service web site).

.350 Review, Reassessment, and Rescission

.351 The Division of Classification and Compensation periodically reviews the appropriateness of previously approved Hazardous Duty Differentials, for both “people-related hazards” and “environmental and/or non-people related hazards.”  When appropriate and justifiable, the Director retains the statutory authority to either prescribe additional Hazardous Duty Differentials for qualified employees in certain locations, revise the criteria, or terminate (i.e., rescind) existing Hazardous Duty Differentials deemed no longer appropriate.

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TM-65 - Replaces: All of Section 0800 Dated Prior to August 2008

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