SERA
21M-3002
Decelmber 1990
Resources Management (PM-212)
Helping Employees
Affected By The Indoor
Work Environment
A Question And Answer
Guide For Managers
And Employees
^3y Pnntni on Recycled Paper
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Helping Employees
Affected by the
Indoor Work Environment
A Question and Answer Guide
for Managers
and Employees
Office of Human Resources Management
Office of Administration & Resources Management
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Introduction
For many years, we have had a process for dealing with injuries
suffered by people while at work. When you hurt yourself
operating machinery or slipping on a wet floor, there is a
procedure in place to help you. We have a lot of experience
with such situations. The steps involved are reasonably
straightforward. And, we understand what needs to be done.
More recently, we have encountered situations that are not as
clear-cut and do not track nicely through the old process. They
involve employees whose health has been affected by the indoor
environment in which they do their work. Neither we nor the
rest of the Federal government has any significant experience
with these new situations. So, we have found ourselves trying to
help people within the context of a system whose creators never
envisioned their kinds of problems. However, we perhaps more
than any other Federal agency have developed and used new
ways of dealing with such situations.
Given the uniqueness of these problems, people should know
what to do, what expectations they should have, and which
alternatives may be available. They also need to understand
that what is possible in one set of circumstances may not be in
another. With that in mind, we have prepared this pamphlet for
managers and employees.
There are several caveats you need to keep in context as you
read. While the majority of problems have been at
Headquarters, the scope here is Agency-wide. Also, because
we have taken a broad-based approach, you should consult with
your Human Resources Office if you have a specific issue.
Finally, local policies or labor agreements may modify some of
the information. We urge you to take those into consideration.
We have tried to make this pamphlet, in question and answer
format, interesting and readable. We hope you will find it
helpful.
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Questions and Answers
Ql. Let's suppose an employee believes that the work area is making the
individual sick or is a contributing factor. What should the employee
do?
A. 1) Seek medical diagnosis and guidance. Obviously, the most
important priority is to alleviate or eliminate the immediate pain
and/or discomfort;
2) Obtain an assessment of the problem and the impact of the work
environment on that problem by a qualified medical authority. This
is critical.
Q2. When you say an "assessment," what do you mean ?
A. What is the nature of the problem? How severe is it? How long is it
likely to last? To what extent is the work environment causing the
problem? What can be done to remove or reduce the cause of the
problem? In other words, the information necessary to make sound
decisions about how to address the problem.
Q3. Does the employee have to pay for this ?
A. It depends. If the problem is at Headquarters, the employee can go
to the Health Unit (M3228 at Waterside Mall). The Health Unit
provides consultative services (which may involve outside physicians)
and, in conjunction with the Health and Safety Division, special
health care services. Similar services may be available at other
locations—check with your local Human Resources Office.
The employee could also go to a private physician. The Workers'
Compensation Program may reimburse part or all of the cost. More
on this later when we talk about the Workers' Compensation
Program in detail.
Q4. Does the employee have to take leave to get this assistance?
A. If the employee uses the medical services provided by EPA, no leave
should be charged. If the employee goes to a private physician, leave
must be taken—normally sick leave, but annual leave or leave-
without-pay (LWOP) could be substituted.
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Q5. O.K. The employee got medical assistance. Now what?
A. The employee needs to be communicating with the immediate
supervisor from the beginning of the problem. The employee has to
keep the supervisor up-to-date and informed so management can be
in a position to help. As with any problem, the more information
that is available, the better the chance for a satisfactory solution.
Q6. All right. What else should be happening?
A. It is vitally important to immediately contact the local Human
Resources Office about the Workers' Compensation Program. If
there is evidence that the facility is the cause of the problem, the
employee may be covered by Workers' Comp.
Q7. How does Workers'Comp Help?
A. If a one-time, immediate event caused an injury (like slipping on a
wet floor), the employee should file a Notice of Traumatic Injury and
Claim for a Continuation of Pay/Compensation, Form CA-1. The
employee has up to 45 days of paid absence without charge to leave
available (this is called continuation of pay, or COP), and most of
the associated medical expenses will be covered by the Department
of Labor (DOL).
If, after the 45 days, the employee still cannot return to work, the
DOL may place the employee on Workers' Compensation (66 2/3%
of salary for single employees; 75% if married). At this time, the
employee goes on LWOP. DOL continues to pay for related
medical expenses.
Q8. What determines whether DOL approves Workers' Comp?
A. Based on the evidence submitted by the individual, DOL must
conclude that (1) the employee is incapacitated to perform any work,
and (2) the employee was injured on the job.
Q9. What happens if DOL disapproves the Traumatic Injury Claim ?
A. The employee's sick leave and/or annual leave is charged, or
reimbursement is required.
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Q10. Suppose the problem occurred over time instead of a one-time event?
A. Then it is considered an Occupational Disease. The employee files a
Notice of Occupational Disease and Claim for Compensation, Form
CA-2. There is no 45 days COP. Workers' Comp is retroactive to
when the claim was filed. The approval criteria are the same as in
Question 8.
Q11. How long do these processes take ?
A. For a traumatic injury, the COP starts immediately. Processing
times vary, but Workers' Comp has taken over two years to process
these kinds of cases.
Q12. So, it could be some time before the employee knows whether DOL
has approved the claim. What happens when the sick leave runs out?
A. The employee can request advanced sick leave (240 hours for a
full-time permanent; prorated for part-time permanent). Then, the
employee can use annual leave. If the employee is a member of the
EPA Leave Bank, the individual can request a grant from the Leave
Bank before using advanced sick leave. This is one reason we
strongly urge all employees to join the Leave Bank - it protects you
against such a catastrophe. See your Human Resources Office for
details.
Q13. What does that involve ?
A. The employee should contact the local Human Resources Office.
While formats may vary, every application to be a Leave Bank
recipient must contain: the employee's name, title and grade; why
the leave is needed; a brief description of the medical situation; and
a physician's certification. A grant of up to 80 hours of annual leave
may be given locally.
Q14. What happens when the employee either is disapproved by DOL or
doesn't want to go on Workers' Comp?
A. There are a number of possibilities which we will discuss, but it is
critical to understand that what can be done for the employee must
be decided through a case-by-case process. Many factors come into
play, including but not limited to the following: the nature and
extent of the medical problem, the kind of work the employee
performs, and other skills and talents the employee has. Simply put,
there is no pat answer applicable to every affected employee.
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Q1S. Within that framework, what might be done?
A. One of the first things that should have been investigated is whether
the employee's immediate work area could be changed to remove or
mitigate whatever might be causing the problem. Assuming that's
not possible, management and the employee should look at other
possible locations. This is why management needs to understand the
nature of the medical problem as much as possible.
Q16. What might be considered?
A. Another location in the same building, another building, or what is
called "Alternative Work Space." At Headquarters, the Facilities
Management and Services Division (FMSD) has rented limited
office space in nearby buildings for people who cannot work at
Waterside Mall.
Q17. How does an employee get considered for "Alternative Work Space"?
A. The employee goes to the immediate supervisor with the necessary
iiiedical information. The supervisor, Health Unit and FMSD work
together to try to accommodate the employee. However, there is no
guarantee of "Alternative Work Space."
Q18. How about working at home ?
A. In certain situations, it may be possible for an employee to work at
home for a limited time. A lot depends on the kind of work the
employee does and whether it can be done at the employee's
residence. Again, the employee needs to go to the immediate
supervisor and investigate the possibilities.
Q19. Wlmt if the employee's job doesn't lend itself to working in a different
area, building, or at home?
A. The employee might want to consider a detail or reassignment to
another position in the same or a different organization which would
accommodate being located at a different site. The employee and
supervisor should work with the local Human Resources Office to
find out whether such an assignment can be found.
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Q20. If the employee can't come back to do the job and no alternative can
be found, what about disability?
A. The employee may be eligible for Civil Service Retirement, which is
usually not as difficult to qualify for as Workers' Comp. The
individual should contact the retirement counselor in the local
Human Resources Office for information about eligibility
requirements, necessary medical data and annuity projections.
Q21. What if the employee has a lot of anxiety about what's happened and
needs some help in dealing with the psychological aspects of the
situation?
A. The Employee Counseling and Assistance Program counselors are
available to help with exactly those kinds of situations. At
Headquarters, the employee can arrange for an appointment by
calling 382-4420. Outside of Headquarters, employees should
contact their local Human Resources Office. In some situations, the
counselors can serve as an interface between the employee and
management if the individual feels reluctant to deal with
management directly.
Conclusion
This concludes our dialogue on dealing with situations
in which an employee's health has been adversely
affected by the indoor work environment. Whether you
are an employee or manager, we hope you have a
better understanding of what to do if such a problem
occurs. We do urge you to contact your local Human
Resources Office if you have any questions.
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