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 ------- 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 ------- 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. ------- 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. ------- 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. ------- 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. ------- 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. ------- 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. ------- |