U.S. Department of Labor      Assistant Secretary for
                                        Occupational Safety and Health
                                        Washington, D.C. 20210

OSHA Instruction PER 1.2 FEB 24, 1991 Office of Human Resource and Organizational Management

Subject: Flexible Scheduling for OSHA Executives

A. Purpose. The intent of this policy is to afford OSHA Senior Executive Service (SES) members certain discretion in accounting for time worked within each DOL pay period.

B. Scope. This instruction applies to all OSHA SES members.

C. Background. It is recognized that OSHA executives are called upon to be available to fulfill Agency needs in more than just the 9-to-5 time frame. As the highest level of Agency management, executives are afforded a certain degree of flexibility in terms of working hours since it is clearly recognized that they are held accountable for all aspects of the programs they administer and accordingly required to be available for duty whenever necessary. The needs of the Agency have the highest priority; often requiring executives to work on priority activities well in excess of the standard workday and 40 hour work week, therefore if and when our programs will not be adversely impacted, executives may exercise some judgement and flexibility with regard to their personal time and attendance, in accordance with Paragraph E, Policy.

D. Definition.

1. "Basic work requirement" means the number of hours which the executive is required to work or is otherwise required to account for by leave (that is, accounting for a work period of a combination of work and leave totaling eight-hours (8) workday in an eight and one-half (8.5) hour time span or an 80-hour pay period).

2. "Flexible hours" means those designated hours during which the executive on a flexible schedule may elect the time of arrival at and departure from work.

3. "Flexible schedule" means a schedule in which the executive may vary his or her hours, so long as he or she fulfills the basic work requirement.

OSHA Instruction PER 1.2 FEB 24, 1991 Office of Human Resource and Organizational Management

E. Policy.

1. This policy is not meant to allow work undertaken during times outside the DOL established business hours to be used as a substitution for leave charges, except in limited, specific and well defined situations. It allows neither the use of compressed work schedules nor earning or use of credit hours.

2. In implementing this policy it is assumed that there will be no extra costs to the Agency in terms of dollars, less efficiency, or diminished service, based on the exercise of the options made available to executives.

F. Participation. Participation in this program is optional. Any executive who chooses not to participate in the program at its inception will be expected to report for duty during the DOL established business hours or arrange an adjusted work schedule in accordance with the provisions of Departmental requirements (see DLS 610 for guidance).

G. Tour of Duty.

1. Duty Hours and Days. The executive on a flexible schedule may elect his or her time of arrival and departure from work within the framework of the duty hours and days listed below.

a. Designated days: Monday through Friday, inclusive.

b. Designated hours: 6:00 a.m. through 9:00 p.m., inclusive.

2. Election of arrival and departure times is subject to the specific approval of the Assistant Secretary/Deputy Assistant Secretary.

3. Approval of biweekly schedules may be assumed unless otherwise notified two work days following the submission of executives's calendar.

4. Schedule approvals are subject to immediate change based upon the needs of the Agency.

 

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OSHA Instruction PER 1.2 FEB 24, 1991 Office of Human Resource and Organizational Management

5. OSHA executives are expected to be available at all times. Recent acquisition of state-of-the art equipment (cellular telephones, beepers, computers, modems, etc.) results in expectation of such accessibility.

H. Use of Leave.

1. Eighty (80) hours per pay period must be accounted for by work, use of annual leave, sick, LWOP, or specifically approved administrative leave. Time worked and charge to leave will count towards achievement of the 80-hour pay period basic work requirement. OPM has ruled that overtime pay, compensatory leave, and credit hours are not available to members of the SES.

2. No credit hours may be earned, used, or carried over for future use in a subsequent pay period. No premium pay of any kind (overtime, night pay deferential) or compensatory time will be available for time worked.

3. This policy specifically excludes the availability of compressed schedules from options available to executives.

4. For any holiday, the executive will, if otherwise eligible, be entitled to not more than eight (8) hours of basic pay.

I. Scheduling Hours of Work.

1. An executive may work more, or less, than an eight and one-half (8.5) hour time span (for an eight hour day) on any workday within the designated hours, in accordance with the following provisions:

a. Time worked in excess of eight and one-half (8.5) hours on any day will not be counted as "credit hours", it will represent a reduction in the remaining pay-period minimum work requirement.

b. For any day in which an executive reports for duty for less than eight and one-half (8.5) hours, see paragraph 2 below.

 

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OSHA Instruction PER 1.2 FEB 24, 1991 Office of Human Resource and Organizational Management

2. Each executive must work ten (10) days per pay period, within the following parameters for less than full workdays:

a. On a work day when an executive reports for duty for four (4) or more hours but less than eight and one-half (8.5) hours, he or she may forego a charge to leave in that day provided the executive accounts for the requisite amount of worktime on some other work day in the pay period during the designated hours of work in that pay period.

b. On any day when an executive does not report for duty, he or she must charge not less than eight (8) hours of appropriate leave (i.e., annual, sick, LWOP).

c. On any day when an executive reports for duty for less than four (4) hours, he or she must charge not less than the amount of leave hours which will bring daily work/leave total to eight (8) hours.

FOR EXAMPLE: the executive reports for three (3) hours of duty, he/she must charge not less than five (5) hours to an appropriate leave category.

d. An executive may not use leave and an absence from work on the same work day such as that contemplated by section 2.a. above.

3. Whenever an executive is on duty at training, or jury duty, his or her hours must conform to the hours of that function, regardless of previously approved scheduling.

4. Travel time undertaken before 8:15 a.m. or after 4:45 p.m. will not be counted towards "time worked" under this policy.

5. Under this plan, executives may arrange their work schedules to count time spent in delivering presentations or attending meetings which take place between 6:00 am and 9:00 pm Monday through Friday.

 

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OSHA Instruction PER 1.2 FEB 24, 1991 Office of Human Resource and Organizational Management

6. When the executive is in travel status that includes at least one night's stay away from the official duty station, flexible scheduling does not apply and 8 hours per day will be claimed and credited for such work to the extent that the executive is in duty status.

7. For meetings, travel, training, or other activity outside of the office that lasts less than eight (8) hours per day (in an eight and one half (8.5) hour time span), the executive will either report for other duty or account for non-work time in accordance with paragraph 2.a. above.

J. Timekeeping. All executives under flexible schedules will follow the time-accounting method and instructions established by the DOL Office of the Comptroller. This time-accounting method will provide affirmative evidence that each executive subject to a flexible schedule has worked the proper number of hours in a biweekly pay period.

1. Flexible scheduling plans require the use of flextime timekeeping records for tracking an individual's time in pay and leave status. In accordance with DLMS 6-3, section 7.4, Recordkeeping, the Flextime Record, DL-2008, will be used in accordance with DLMS 6-3, section 7.5 requirements.

K. Supervisory Approval.

1. Every executive must obtain specific approval by the Assistant Secretary/Deputy Assistant Secretary to participate in this flexible scheduling program.

2. Approval of time of arrival at and departure from duty will be obtained in accordance with the provisions of paragraph G of this instruction.

L. Disruption of Functions. If the Assistant Secretary/Deputy Assistant Secretary determines that any organization is being disrupted in carrying out its functions or is incurring additional costs because of such participation in this program, the Assistant Secretary/Deputy Assistant Secretary or his designee may:

1. Restrict the executive's choice of arrival and departure time.

 

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OSHA Instruction PER 1.2 FEB 24, 1991 Office of Human Resource and Organizational Management

2. Exclude that executive from participation in the program.

M. Termination of Program. At any time, this program may be canceled upon the direction of the Assistant Secretary/Deputy Assistant Secretary. A minimum of a two- week notice will be provided to participants. Abuse of this program by any participant will result in appropriate disciplinary/adverse action for the individual involved, and/or termination of the program.

Gerard F. Scannell Assistant Secretary

Distribution: NR

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