Accidents

DA civilians shall comply with Army health surveillance requirements for reporting and archiving health surveillance data and reports (such as DNBI, reportable medical events, Occupational Environmental Health (OEH) surveillance data). This includes documenting all individual health treatment provided at all levels of care and any notable occupational and environmental health exposures and linking individual exposure records to individual health records.

All permanent employees with regularly scheduled tours of duty are eligible for coverage under the Federal Employee’s Health Benefits (FEHB) Program. These employees are also automatically covered by the FECA. The FEHB helps protect employees and family members from the expenses of illness and accident that are not work-related. Employees must register for FEHB during regularly designated "open seasons" and cannot initiate coverage because of being detailed to another areas. Employees will be permitted to select another health plan if they are currently insured under a Health Maintenance Organization (HMO) arrangement and one or all of their family members are moving out of the HMO serviced area. Employees under HMOs should consider electing a fee-for-service plan if their families will be moving outside the HMO serviced area during the period of the deployment. In either case, employees are encouraged to continue medical coverage for their families.

Civilian employees who sustain injury or death wile deployed may receive benefits provided by the Federal Employees’ Compensation Act (FECA). Civilian employees who sustain a traumatic injury in the performance of duty must notify the on-site supervisor as soon as possible, but not later than 30 days from the date of injury. If the employee is incapacitated, someone acting on his/her behalf may take this action.

It is recommended that deploying DA civilians take copies of the following Accident Reporting Forms with them:

- EN 3394 - USACE Accident Investigation Report

- CA-1 - Department of Labor, Federal Employees Notice of Traumatic Injury

- CA-2 - Department of Labor, Notice of Occupational Disease

Deployed civilian employees are entitled to in-theater military provided medical care, including pharmacy support, equivalent to that given to active duty military personnel. Civilian employees who require treatment for disease or injury sustained during deployment will be provided care at no cost to the employee under the DoD Military Health Services System (AR 40-3, Medical, Dental and Veterinary Care).

Civilian employees who sustain injury or death while deployed may receive benefits provided by the Federal Employees’ Compensation Act (FECA). Civilian employees who sustain a traumatic injury in the performance of duty must notify the on-site supervisor as soon as possible, but not later than 30 days from the date of injury. If the employee is incapacitated, someone acting on his/her behalf may take this action. Accident/illness reporting and recordkeeping shall be in accordance with USACE requirements specified in USACE Supplement 1 to AR 385-40.

Civilian employees killed in the line of duty are entitled to many of the same benefits as military casualties. Mortuary benefits for eligible employees include search, recovery and identification of remains; disposition of remains; removal and preparation of remains; casket; clothing; cremation (if requested); and transportation of remains to permanent duty station or other designated location.

Civilian employees serving at, or assigned to, foreign areas designated for danger pay by the secretary of state, will receive a Danger Pay Allowance (DPA). This is designated when civil insurrection, civil war, terrorism, or wartime conditions threaten physical harm or imminent danger to the health or well-being of the employee. It will be a percentage of the employee’s basic compensation and may not exceed 35 percent of basic pay, as determined by the secretary of state. This allowance is in addition to any FPD prescribed for the area. Danger pay begins for employees already in the area on the date of the area’s designation for danger pay. For employees assigned or detailed to the area, it begins upon arrival to the area. For employees returning to the deployment site after a temporary absence, it begins on the date of RETURN. Danger pay will terminate with the close of business on the date the secretary removes this designation for the area, or on the day the employee leaves the deployment for any reason for an area not designated in this manner.

Danger pay is not part of the basic compensation for computation of within grade step increases or overtime. It is subject to federal income tax, social security/Medicare, state, city, and local tax deductions.

To ensure continuation of pay while detailed to support military operations in the field, DA policy requires civilian employees to enroll in the Direct Deposit/Electronic Funds Transfer (DD/EFT) Program at their home installation prior to deployment.

Prior to deployment, employees should alert their local customer service representative (CSR) of their impending deployment. Items on Standard Form 1199A (Direct Deposit Sign-Up Form) such as name and address of financial institution, allotment information, etc., should be verified/double-checked for accuracy and any changes made by the employee in advance of deployment. The CSR will resolve discrepancies and address employee payroll matters with the appropriate Defense Finance and Accounting Service (DFAS) Center.

Emergencies

All permanent employees with regularly scheduled tours of duty are eligible for coverage under the Federal Employee’s Health Benefits (FEHB) Program. These employees are also automatically covered by the FECA. The FEHB helps protect employees and family members from the expenses of illness and accident that are not work-related. Employees must register for FEHB during regularly designated "open seasons" and cannot initiate coverage because of being detailed to another areas. Employees will be permitted to select another health plan if they are currently insured under a Health Maintenance Organization (HMO) arrangement and one or all of their family members are moving out of the HMO serviced area. Employees under HMOs should consider electing a fee-for-service plan if their families will be moving outside the HMO serviced area during the period of the deployment. In either case, employees are encouraged to continue medical coverage for their families.

Next of kin notification will be made in the event an employee dies, is missing, or unable to express his or her desires after becoming ill. The notification will be handled promptly in an appropriate, dignified and understanding manner by the Casualty Area Command. After official notification by the Casualty Area Command, local commanders may contact the next of kin for expressions of condolence and offers of assistance. Survivor assistance officers will be appointed as necessary. The civilian personnel officer will appoint a personnel specialist to assist the next of kin in obtaining benefits and entitlements. The local Army Community Service center is also available to provide assistance to the next of kin and eligible family members. Deployed civilian employees must complete the DD Form 93, Record of Emergency Data, to include a strip map to the next of kin's address. Copies will be provided to (1) the down range immediate supervisor, (2) the down range employee's temporary OPF, (3) the home station immediate supervisor, (4) the supporting Civilian Personnel Advisory Center, and (5) the regional Civilian Personnel Operations Center for filing in the employee's OPF.

1. Who do I contact if I encounter a pay problem?
Answer: If you encounter a pay problem during deployment, contact the deployedCustomer Service Representative (CSR) immediately. Each individual is given the name and means of contacting the deployed CSR during pre-deployment preparation. If you realize there is a pay problem after return to the home station, you should contact the deployed CSR via e-mail, with a copy to the home station CSR.

A) Locality Pay - Employees in TDY status retain their basic pay and locality pay. Employees on a temporary change of station  (TCS)/reassignment to Iraq, Afghanistan, or other OCONUS countries do not receive locality pay;

B) Premium Pay - Overtime, night differential, Sunday, and holiday premium pay, governed by 5 CFR 550, must be reported on the time and attendance card and are all included in the annual limitation on premium pay. The annual limitation is further discussed in item 5, below.

i) Overtime – All General Schedule (GS) and Wage Grade (WG) employees deployed to an overseas location are exempt from the Fair Labor Standards Act, thus the overtime rate is the no higher than the rate for GS-10 Step 1, regardless of the employee’s grade. The GS-10, step 1 rate for calendar year 2009 is $45,095 per annum. Employees are not eligible for overtime pay for travel outside of non-duty hours, responding to an alarm during non-duty hours, or any other on-call situations.

ii) Night Differential – GS employees receive a 10% differential for all regularly scheduled hours from 1800-0600. WG employees receive a 7.5% differential for all regularly scheduled hours from 1500-2400; the differential increases to 10% if the regularly scheduled work is between 2300-0800. The rate at which a WG employee is compensated is determined according to whether the majority of the work is performed in one or the other of the two time periods listed.

iii) Sunday – Sunday pay consists of basic pay plus premium pay at a rate equal to 25% of the rate of basic pay for each hour of Sunday work up to a maximum of 8 hours (or the number of hours on an established compressed work schedule, whichever is greater) when Sunday is a part of the employee’s regularly scheduled tour of duty. Additionally, those employees are compensated for Sunday hours worked when they are in paid leave or excused leave status on Sunday, when they would have otherwise been working the regularly scheduled tour of duty. Employees are not entitled to Sunday pay during training. Sunday pay is not included in the rate of basic pay used to compute the pay for holiday work, overtime pay, or night pay differential.

iii) Holiday – Holiday pay consists of basic rate of pay, plus the premium rate which is a rate equal to the basic pay rate, for holiday work not in excess of 8 hours. Employees assigned to duty on a holiday are entitled to pay for at least 2 hours of holiday work. Holiday work is in addition to overtime pay or night pay differential, or premium pay for Sunday work, but is not included in the rate of basic pay for determining the overtime, night differential and Sunday work rates of premium pay. An employee is not entitled to holiday premium pay while engaged in training.

C) Post Differential – Determined by the State Department. Amount is dependent upon work location. Post differential is retroactive to the first day after serving 42 consecutive days in country. If deployed in TDY status, claim for payment, via the SF 1190, must be filed at the end of the TDY tour. This rate is reviewed by the State Department biennially and adjusted as determined by the State Department. Web address for viewing post differential

D) Danger Pay – Determined by the State Department. Amount is dependent upon work location. Danger pay is earned as of first day in country. If deployed in TDY status, claim for payment, via the SF-1190, must be filed at the end of the TDY tour.

E) Imminent Danger Pay – Flat monthly rate (currently $225) determined by the State Department. Civilian entitlement applies only in those areas where military are paid imminent danger pay and there is no provision for danger pay for civilians who are assigned in support of the military operation. Once there is a decision to grant danger pay to civilians, the civilians can no longer receive imminent danger pay. A list of the Department of State authorized payments is available at the following web site: http://aoprals.state.gov/Web920/.

Status of Forces Agreements (SOFAs)

Status of Forces Agreements are negotiated relationships between two countries wherein the host nation accords certain rights and responsibilities to members of the United States forces and accompanying civilians. Many violations of host nation laws are also violations of United States laws. However, in many cases, though not all, SOFAs provide that punitive or other actions can be taken under appropriate United States military or civilian law, rule, or regulation rather than the host nation law. A Foreign Criminal Jurisdiction Arrangement (FCJA) will be negotiated if the host nation will not agree to grant United States personnel some form of immunity. It will provide jurisdictional protections and procedural safeguards for United States personnel. However, the host nation may still retain the right to prosecute United States personnel for offenses that are either exclusive violations of host nation law, or those over which the host nation has primary concurrent jurisdiction.

Civilian employees are subject to normal federal civil service administrative disciplinary procedures for work related misconduct, such as reprimands, oral admonishments, suspensions and removals from federal service. Should a civilian employee become subject to the Uniform Code of Military Justice (UCMJ), the in-theater commander has the discretion to initiate a federal civil service administrative disciplinary action and/or a court-martial proceeding. UCMJ applicability is determined by the status of the individual at the time of the offense. Department of the Army civilian employees are subject to military law when serving with or accompanying an armed force only "in time of war," which the U.S. Supreme Court has ruled to mean a Congressionally declared war. Although civilians are not subject to UCMJ except during wartime, they are bound by general orders issued by in-theater commanders, e.g. no drinking, drugs, personal firearms, etc.

Under both, The Hague and Geneva Conventions, civilians captured while accompanying military forces in the field, regardless if carrying a self-defense weapon or wearing a uniform, are entitled to be protected as prisoners of war (POW) if captured by hostile forces. These protections are accorded to those POWs, who are persons accompanying the armed forces without actually being members thereof, provided they have received authorization from the armed forces which they accompany, and have been provided with an identity card, most notably the Geneva Convention Card (DD Form 489 or DD Form 2764). ID cards will be provided by the CRC or home station. Since the issuance of an identity card is significant, all civilians accompanying the U. S. Armed Forces must be issued a Geneva Convention Card. The treatment extended to POWs depends on each POW’s particular status or rank. The higher the status or rank, the greater the benefits afforded to that POW. It is not a violation of the law of war for a deployed civilian to wear a uniform or to carry a weapon for personal self-defense while accompanying a military force, if authorized. Capture of a deployed civilian by an opposing force while wearing a uniform or carrying a weapon does not deprive a civilian employee of protections afforded by the Geneva Convention. If issued a personal weapon, that weapon is issued only for the civilian’s personal protection from attack. It does not constitute authorization for a civilian to be assigned to guard duty.

Any annual leave in excess of the maximum permissible carryover is automatically forfeited at the end of the leave year. Annual leave forfeited while deployed, which has been determined by appropriate authority to constitute an exigency of the public business, may be temporarily restored. Excess annual leave accrued while deployed will be permitted for carry-over upon return to home station. Restored annual leave is good for two years.

The concept of "noncombatants" has changed due to advances in warfare technology. Recent interpretations of the terms "combatants" and "noncombatants" by the U.S. Army and its counterparts in the United Kingdom, Australia and Canada has required avoiding labeling these civilians as "combatants." Instead, the correct term is "civilians accompanying the Armed Forces in the theater of operations as authorized members of that force."

Those civilians who accompany military forces into a theater of operations lawfully may do so, but are likely to be regarded by enemy forces as combatants. Depending upon their function or actions, they are subject to attack or capture. They may be issued self-defense weapons subject to the in-theater commander’s discretion and after appropriate familiarization training.

Biweekly Premium Pay Limitation - Basic pay plus *premium pay is limited to the maximum biweekly earnings of a GS-15, step 10. DoD has waived this biweekly pay limitation of GS-15, step 10 for those deployed in support of Operation Enduring Freedom. The employee is then subject to the annual premium salary limit set in law for either a GS-15 step 10 or Level V of the Executive Schedule (which ever is higher).

Annual Premium Pay Salary Limitation - The total basic pay plus premium pay, which does not include awards, differentials, allowances, retention allowances, bonuses, performance awards or other similar payments authorized under title 5, United States Code, that a General Schedule employee can earn in a calendar year is set in law and may not exceed the rate of GS-15 Step 10 or Level V of the Executive Schedule (which ever is higher).

Annual Aggregate Pay Limitation - The total basic pay and premium pay plus differentials, Allowances, retention allowances, bonuses, performance awards or other similar payments authorized under title 5, United States Code, may not exceed the rate payable for level I of the Executive Schedule at the end of the calendar year.

Additional Notes:

Danger pay and Post Differential are not subject to the Biweekly or Annual Premium Pay Limitation. However, they are both subject to the Aggregate Annual Pay limitation.

Wage grade employees are not subject to the biweekly or annual pay limitations.

Premium Pay includes: overtime, compensatory time (in lieu of Overtime), Night Differential, Holiday Pay and Sunday Pay. Premium pay refers to additional pay for overtime, night, holiday, Sunday and other types of work. Department of Army is authorized to determine an employee’s entitlement to premium pay. Employees may be paid premium pay only to the extent that the payment does not cause the employees’ aggregate of pay for any pay period to exceed the salary of GS-15 step 10 (this bi-weekly limit has been waived for deployed members). The authority to order or approve overtime is delegated to the commander of any activity that employs civilians. Commanders may designate other officials to act for them in ordering and approving overtime. [1] Salaries are not tax free while on deployment [2] salary deductions do not change while on deployment; and [3] if civilian employees are declared missing during deployment, their pay entitlement is the same pay and allowances they were entitled to at the time they were declared missing.

During a deployment situation, employees may be required to perform work in excess of their normal 8-hour day/40-hour work week schedule. The USACE forward deployed commander or designee will establish the official work week and determine any overtime requirements. The servicing Civilian Personnel Advisory Center (CPAC) will research entitlements for the "area of operations." The servicing CPAC in conjunction with the local resource management office will further be responsible for forwarding appropriate documentation to the proper offices on behalf of the individual(s) being deployed.

General Schedule (GS) employees whose basic rate of pay does not exceed that of a GS-10, Step 1, will be limited to 150% of their hourly salary for each hour of work authorized and approved over the normal 8-hour day or 40-hour week.

Employees whose hourly rate exceeds that of a GS-10, Step 1, will be paid an overtime rate equal to the basic overtime rate of a GS-10, Step 1. Since it may not be possible to approve exact overtime hours in advance, the employee’s travel orders should have this statement in the remarks column: "Overtime authorized at TDY site as required by the USACE forward deployed commander or designee." The project engineer or deputy will submit a DA Form 5172-R (Request, Authorization, and Report of Overtime), or local authorization form, (with a copy of the travel orders) documenting the actual premium hours worked for each employee and each day of the pay period as soon as possible after the premium hours are worked.

When circumstances prohibit the timely reporting of premium hours worked, the USACE forward deployed commander or designee may establish a set work schedule (i.e., 12-hour/7-day work week). The work schedule must be reported to the employees' home district. Employees will be compensated based on this schedule. Any variations from the schedule due to leave, holidays, etc., will be reported to the employees' home districts as soon as possible. Time cards will be forwarded to the Emergency Operations Cell (EOC) for distribution if practical. When the mission or lack of administrative services is non-practical, time cards can be forwarded via email to the EOC. However, all supporting documentation will be maintained and delivered to the appropriate personnel upon return from deployment.

Premium pay refers to additional pay for overtime, night, holiday, Sunday and other types of work. Department of Army is authorized to determine an employee’s entitlement to premium pay. Employees may be paid premium pay only to the extent that the payment does not cause the employees’ aggregate of pay for any pay period to exceed the salary of GS-15 step 10 (this bi-weekly limit has been waived for deployed members). The authority to order or approve overtime is delegated to the commander of any activity that employs civilians. Commanders may designate other officials to act for them in ordering and approving overtime. [1] Salaries are not tax free while on deployment [2] salary deductions do not change while on deployment; and [3] if civilian employees are declared missing during deployment, their pay entitlement is the same pay and allowances they were entitled to at the time they were declared missing.

During a deployment situation, employees may be required to perform work in excess of their normal 8-hour day/40-hour work week schedule. The USACE forward deployed commander or designee will establish the official work week and determine any overtime requirements. The servicing Civilian Personnel Advisory Center (CPAC) will research entitlements for the "area of operations." The servicing CPAC in conjunction with the local resource management office will further be responsible for forwarding appropriate documentation to the proper offices on behalf of the individual(s) being deployed.

General Schedule (GS) employees whose basic rate of pay does not exceed that of a GS-10, Step 1, will be limited to 150% of their hourly salary for each hour of work authorized and approved over the normal 8-hour day or 40-hour week.

Employees whose hourly rate exceeds that of a GS-10, Step 1, will be paid an overtime rate equal to the basic overtime rate of a GS-10, Step 1. Since it may not be possible to approve exact overtime hours in advance, the employee’s travel orders should have this statement in the remarks column: "Overtime authorized at TDY site as required by the USACE forward deployed commander or designee." The project engineer or deputy will submit a DA Form 5172-R (Request, Authorization, and Report of Overtime), or local authorization form, (with a copy of the travel orders) documenting the actual premium hours worked for each employee and each day of the pay period as soon as possible after the premium hours are worked.

When circumstances prohibit the timely reporting of premium hours worked, the USACE forward deployed commander or designee may establish a set work schedule (i.e., 12-hour/7-day work week). The work schedule must be reported to the employees' home district. Employees will be compensated based on this schedule. Any variations from the schedule due to leave, holidays, etc., will be reported to the employees' home districts as soon as possible. Time cards will be forwarded to the Emergency Operations Cell (EOC) for distribution if practical. When the mission or lack of administrative services is non-practical, time cards can be forwarded via email to the EOC. However, all supporting documentation will be maintained and delivered to the appropriate personnel upon return from deployment.