OCCUPATIONS COMING UNDER GROUP 2

Professional, scientific, and technical employees and subprofessional employees, employed principally on outdoor work.

Custodial or maintenance employees. Examples: Janitors, cleaners, laborers, messengers with special assignments, matrons, etc.

Laborers employed in shops and on outdoor work.

Mechanical and crafts employees.

Employees engaged in the protection of life and property, excepting as stipulated in Group 3.

And such other occupations as correspond in character more nearly to those listed above in Group 2 than to those listed in Groups 1 and 3.

OCCUPATIONS COMING UNDER GROUP 3

Custodial, maintenance, and guard employees in penal and correctional institutions.

Employees on ships and floating craft.

Farm laborers.

Railroad employees.

Professional and subprofessional employees in hospitals. Examples: Surgeons, physicians, dentists, internes, nurses, dietitians, laboratorians, occupational or physiotherapy aides or assistants, druggists, and dental mechanics.

Maintenance and custodial workers in hospitals. Examples: Attendants, orderlies, mechanics, kitchen mess and dining room force, laundry workers, watchmen or guards, etc.

And such other occupations as correspond in character more nearly to those listed above in Group 3 than to those listed in Groups 1 and 2.

3. The Commission also makes the follows further recommendations: That the general custom of having 1 day for each week, or its equivalent, as a nonwork day (usually Sunday) be enforced uniformly.

That overtime work be construed as work performed beyond the hours of duty required by the Department's regulations, except that any excess less than 30 minutes in a day shall not be reported as overtime, nor shall there be any overtime performed or reported not directed or approved by the appropriate administrative or executive superior.

4. This Department approves of the foregoing schedules and recommendations of the Civil Service Commission and hereby adopts them as its hours of labor regulations required by the act above quoted, to be enforced uniformly everywhere beginning July 1, 1936, with the following provisos :

(a) As to the classes of employees who are subject to call for actual duty at any time, who by the nature of their employment and established practice are required, when not actually performing work, to be at or near their duty station (such as crews of transports, and other floating craft, lock tenders, etc.) the hours of leisure from which they are subject to duty call shall not be regarded as overtime or as excess over the duty hours herein scheduled.

(b) Chiefs of bureaus having in their field services establishments on the 5-day week schedule are authorized to fix the duty hours for Group 1 employees at 40 hours for the 5-day week when they find that such establishments cannot adequately function with Group 1 employees on the 39-hour week schedule.

5. Any departure from the foregoing schedules shall be made only with the approval of the Secretary of War, and recommendations therefor should include a full and convincing statement of the reasons.

1031.2. Occupational classification of survey parties.-Under authority of the Secretary of War dated December 4, 1937, members of survey parties are considered as falling within Group 3, War Department Orders (F) of June 4, 1936.

1031.3. Laws governing hours of duty. The statutes governing hours of duty of civilian employees which form the basis for the regulations contained in paragraph 1031.1 are:

Act of March 14, 1936 (49 Stat. 1161). (See par. 1031.1 of these regulations.) Act of March 28, 1934, 48 Stat. 509 (not applicable to positions in the Engineer Department; see decision of the Comp. Gen. of June 30, 1934, A-56221, 13 C. G. 486).

Act of March 3, 1931 (title 5, U. S. Code, sec. 26a; see par. 1030.4 of these regulations).

Acts of August 1, 1892; March 3, 1913 (title 40, U. S. Code, secs. 321, 322). Act of March 15, 1898 (title 5, U. S. Code, secs. 29 and 31).

1031.4. Overtime not prohibited by the regulations.-The orders contained in paragraph 1031.1 of these regulations shall not be interpreted as prohibiting necessary overtime but merely as prescribing the regular hours of duty, time in excess of which is to be reported as overtime. However, in general it is not considered proper to prescribe regular hours of labor for each day or week in excess of those established and to class such excess hours as overtime. An occasional extra period of duty may properly be classed as overtime. 1031.5. Hours of leisure not to be regarded as overtime.-—In accordance with section 4 of the regulations contained in paragraph 1031.1 of these regulations, the hours of leisure for which employees on floating plant, lock employees, and others are subject to duty call shall not be regarded as overtime or as excess over the hours prescribed in the regulations. Where employees serve at infrequently used locks which are on more or less of a caretaking basis, the men living at the lock may be held subject to call for more than 8 hours per day, provided the actual hours of labor do not exceed 8, but men living away from the site will not be required to remain at the lock in excess of 8 hours per day. (See par. 1032.3 of these regulations.)

1031.6. Requirement for 1 non-work-day each week.-Where the nature of the work requires that some employees be on duty at all times, the work must be arranged in shifts so that each employee is allowed 1 day of rest each week (in addition to the Saturday afternoon half holiday or its equivalent). par. 1030.4 of these regulations.)

(See

1031.7. Average provision does not authorize violation of the 8-hour law.The average rule stated in paragraph 2 of the orders contained in paragraph 1031.1 of these regulations will not be construed as authorizing a violation of the 8-hour law.

1031.8. Overtime compensation to employees paid at annual rates prohibited. No money shall be paid to any clerk employed in any department at an annual salary, as compensation for extra service, unless expressly authorized by law (R. S. 170, U. S. C. A., title 5: 51). (See also decision of the Comptroller General of Apr. 23, 1936, 15 C. G. 937.)

1032. EIGHT-HOUR LAWS1

1032.1. Application of law to work of dredging and rock excavation.-The effect of the act of March 3, 1913, is to place under the 8-hour law all persons directly operating dredging or rock-excavating machinery or tools in connection

1 For text of 8-hour laws of Aug. 1, 1892 (27 Stats. 340), June 19, 1912 (37 Stats. 137), and Mar. 3, 1913 (37 Stats. 726), see E. D. Form No. 41 c.

with work in any river or harbor of the United States or of the District of Columbia, and to except from all 8-hour limitations all persons engaged in construction or repair of levees or revetments necessary for protection against floods or overflows on the navigable rivers of the United States.

It should be observed that the act does not apply to any members of the crews of barges, scows, tugs, or towboats, nor to members of the crews of dredges or rock-excavating plants, except while directly operating dredging or rock-excavating machinery or tools. The handling of scows, the navigation of towboats and self-propelling dredges, and all operations on floating plant other than the actual operation of the dredging or rock-excavating machinery or tools are not subject to any 8-hour limitation.

The personnel and the working hours of the crews of all dredging and rockexcavating plants belonging to the United States must be adjusted in such a manner that no person employed in directly operating dredging or rock-excavating machinery or tools shall be required or permitted to work more than 8 hours in any 1 calendar day.

1032.2. Deck hands and stokers on Government vessels, being members of the crews of such vessels, may be required to remain on the vessels for more than 8 hours in a calendar day (J. A. G., Aug. 29, 1913; Bul. 29, 1913, W. D.).

1032.3. Watchmen, lock tenders, and lock employees.—(a) All persons employed as watchmen, lock tenders, and lock employees will be considered as covered by the 8-hour law, and exceptions will be made only by the Secretary of War on each case being reported to him. The number of such exceptions will be reported to the President (Cir. 42, C. of E., 1907).

(b) Where the duties are performed at irregular hours, the employee being liable to be called upon at any hour in the day, the law is not violated if the whole sum of the time which he actually works is less than 8 hours in a calendar day, and such employment need not be reported for the specific approval of the Secretary of War (Op. J. A. G., July 10, 1908-E. D. 60017/2375 and 26 Op. Atty. Gen. 64-67).

1032.4. Mechanics and laborers.-Reports of emergency employments in excess of 8 hours per day under A. R. 35-1340 should give the name of each mechanic or laborer employed over 8 hours and the number of hours of overtime service rendered by each man on each day, and recite the circumstances which are relied upon to show the existence of an emergency, and it should also be made to appear that other men could not be obtained to replace the men who had already worked 8 hours on that calendar day. (See Cir. 49, 1911, amended by Cir. 15, 1912, C. of E.)

1032.5. Information for Department of Labor.-Officers and representatives of the Engineer Department shall furnish to any duly accredited agent of the Department of Labor, in connection with any special case he is called upon to investigate, any information he may request dealing with the hours of employment of civilian employees on public works under their supervision, will give such agent access to pay rolls and similar records, and will cooperate with him in the work of investigating complaints alleging violation of the 8-hour law (Cir. 11, C. of E., 1907).

1032.6. Cross reference. For application of the 8-hour laws to public works performed under contract, see Chapter VII, Orders and Regulations.

1033. MEDICAL EXAMINATIONS

1033.1. Medical examinations.-Medical examinations are authorized under certain conditions for the following purposes:

(a) To employees whose probational appointment is contemplated, to determine eligibility for appointment.

(b) To persons recommended for reinstatement under the provisions of Civil Service Rule IX.

(c) To persons recommended for continuance in the service beyond retirement age, in accordance with the provisions of sec. 204 of the Economy Act of June 30, 1932.

(d) In emergency cases, to ascertain whether an employee has communicable disease, mental derangement, or to ascertain his fitness for duty; or when malingering is suspected.

(e) For safety purposes.

(f) To employees to be assigned to duty as food handlers, for protection of food against contamination.

1033.2. Examination of persons whose probational appointment is under consideration.--(a) All eligibles for original appointment to positions in Groups 1, 2, and 3 will be required to pass a physical examination before entering upon duty at stations where medical officers of the Government are available for making such examinations. Civil service Form 2979, which is reissued from time to time, furnishes information as to stations at which full-time medical officers of the Federal Government are available. Information as to the location of such medical officers also may be obtained from the civil-service district managers.

(b) Instructions outlining the procedure to be followed in the physical examinations of persons whose probational appointment to positions in Group 1 is contemplated from list of eligibles certified by the central office of the Commission are contained in paragraph 1011.4 (d) of these regulations.

(c) Information as to the procedure in submitting medical certificates in connection with probational appointments to positions in Groups 2 and 3 should be obtained from the civil-service district managers.

1033.3. Physical examinations of former employees recommended for reinstatement.-Civil service Form 2413 is to be submitted in all cases of employees recommended for reinstatement under Paragraph 1020 of these regulations. The certificate must be executed by a medical officer of the Government.

1033.4. Physical examination of employees recommended for continuance in the service.-Civil service Form 2324 contains the medical certificate required in cases of recommendation for continuance in the service beyond retirement age. This certificate should be executed by a physician in the Federal service, but if none is available, certificate by a regularly designated physician of the United States Employees' Compensation Commission will be accepted by the Commission. 1033.5. Physical examination in emergency cases.-In any case in which the physical examination of an employee in the service is required immediately to ascertain whether the employee has a communicable disease, mental derangement, or to ascertain his fitness for duty, or when malingering is suspected, and it is desired that such examination be given by an officer of the Public Health Service, request for authority to apply to the nearest representative of the Public Health Service for such examination should be presented to the Chief of Engineers for transmission to the Secretary of War, who will take action in accordance with general authority granted by Departmental Circular No. 79 of the Civil Service Commission dated July 18, 1931. In cases in which immediate action is not essential, statement to that effect should be made in order that request for authority to apply to the representative of the Public Health Service for the necessary examination may be forwarded to the Civil Service Commission.

1033.6. Physical examination.-Physicians of the Public Health Service will make physical examinations of employees of the Engineer Department of all classes, including seasonal, unclassified, and temporary, upon proper request from the responsible officer of the Engineer Department, provided such examinations

'do not interfere with the routine care and treatment of legal beneficiaries of the Public Health Service. Full advantage should be taken of this offer in all cases where it is practical, so that the physically unfit, whether new or old employees, may be placed in work where the chances of injury are at a minimum.

1033.7. Physical examination of permanent food handlers.-(a) No one in the transmissible stage of a communicable disease or who is a known carrier of the causative organisms of such a disease will be employed as a food handler.

(b) The term "permanent food handlers" will be construed to include all persons who are regularly and continuously assigned to such duties as will require them to prepare and serve food or drink or to handle dishes, tableware, or kitchen utensils. Included in this category will be: Cooks, assistant cooks, cooks' helpers, bakers, butchers, meat cutters, waiters, permanent dining room and kitchen helpers handling and washing dishes and kitchen utensils, mess foremen, and any other person who comes in constant and intimate contact with food in other than unbroken packages which are protected against contamination.

(c) All prospective permanent food handlers as defined above will be required to undergo the examinations prescribed below before being employed, and semiannually thereafter. A special examination may be required if signs or symptoms of any communicable disease are noticed.co

(d) The standards of the examinations above required will be

(1) Freedom from all clinical and other signs of active venereal disease. (2) Freedom from evidences of acute or chronic inflammatory condition of the respiratory tract.

(3) Freedom from clinical or other evidences of typhoid fever.

(4) Freedom from clinical evidences of other communicable disease. :

(e) Wherever practicable, the examination of permanent food handlers, both before employment and thereafter, will be made by physicians of the Public Health Service, the Veterans' Administration, or by a member of the Army Medical Corps. Where Government medical facilities are not available, District Engineers may request authority from the Chief of Engineers to engage the services of a private physician or clinic for the purpose at Government expense. Medical examiners will be requested to devote particular attention to the detection of any evidence of communicable disease and to the history of an attack of such a disease which may have produced a carrier state.

(f) No person who is found unsuitable for the work of a permanent food handler, either at the time of initial examination or subsequently, will be employed as such,

I

(g) A record will be maintained of the examination of all permanent food handlers.

1034. MEDICAL AND HOSPITAL SERVICE

1034,1. Conditions under which medical attendance may be furnished employees of the Engineer Department. The conditions under which medical attendance may be furnished employees of the Engineer Department are stated below:

(a) To employees injured in line of duty, medical and surgical attendance and hospitalization are furnished by the United States Employees' Compensation Commission in accordance with the Federal Compensation Act of September 7, 1916, as amended.

(b) To masters, officers, and crews of vessels in the service of the Mississippi River Commission and of the Engineer Corps of the Army, hospital care and treatment are furnished by the United States Public Health Service, in accordance with the terms of the Act of March 3, 1919, 40 Stat. 1302 (U. S. C. title 24, sec. 26).

B