(c) To field employees of the Engineer Department in cases of sickness incurred in line of duty, not covered by (a) or (b) above, medical and surgical treatment may be furnished by the Engineer Department in accordance with the terms of paragraph 1038 of these regulations.

NOTE. According to ruling of the Comptroller of the Treasury (8 Comp. Dec. 296), where the compensation of an officer or employee is fixed by contract, provision may be made therein as a part of compensation for medical attention in case of injury received or sickness occurring in the line of duty; but in the absence of such provision in the contract or of provision therefor by law, the Government is under no legal obligation to pay for such attendance upon sick or disabled officers or employees. The provisions contained in paragraph 1038 of these regulations are considered as constituting such contract for medical attention for field employees of the Engineer Department; agreement of employment made with field employees should contain reference to said regulations, or should contain a provision based on those regulations.

(d) To employees who are residents of the District of Columbia, and who become insane, hospitalization at the Government Hospital for the Insane is permitted, under the provisions of Revised Statutes 4838. Civilian employees who are not residents of the District of Columbia, paid from Army Appropriations (other than clerks of the Quartermaster Corps) are not entitled to admission to the Government Hospital for the Insane (Cir. 53, W. D. 1907).

(e) Medical attendance for civilian employees in the military service by the Medical Department of the Army, is covered by Army Regulations 40-590.

(f) Antityphoid inoculations, inoculations against Rocky Mountain spotted fever, poison oak, and poison ivy, and vaccination against smallpox are covered by paragraph 1935.

1034.2. Purchase of medicines for emergencies. Such medical supplies as may be required for the proper care of employees, when necessary for the most efficient and advantageous prosecution of the work, may be purchased in amounts not exceeding $500 per annum (G. O. 3, C. of E., 1917).

1035. INOCULATIONS

1035.1. Antityphoid inoculation.-(a) Antityphoid inoculation for all civilian employees is considered by the Department to be highly desirable, and, while it is not deemed advisable to make compulsory such inoculation, employees-especially officers and crews of vessels should be urged by district engineers to undergo vaccination for this purpose. In engaging employees, preference will be given to those men who have been immunized or who have signified their willingness to become immunized. Application for vaccination should be made to the surgeon at the nearest Army post, or to the public-health officer at the nearest station of the United States Public Health Service, if the Army post is not convenient.

No travel expenses can be paid from Engineer Department funds in this connection.

(b) Civilian employees in the military service who are subject to field service of any kind will be immunized against typhoid fever under the direction of a medical officer as soon as employed (G. O. 4 and 23, 1915, W. D.).

(c) When Public Health Service officers or medical officers of the Army are not available for the inoculation of Engineer Department employees, the service may be provided by the Engineer Department, when in the opinion of the District Engineer the public interest requires such action, either by the assignment of a regularly employed medical officer of the Engineer Department, or by the engagement of a physician on à fee basis.

1035.2. Vaccination against smallpox and inoculation against Rocky Mountain spotted fever, poison oak, and poison ivy.-The prior authority of the Chief of Engineers should be obtained for arrangements for the inoculation of employees against Rocky Mountain spotted fever, poison oak, and poison ivy, and for vaccination against smallpox. Requests for authority to obtain such service should state whether it is expected that the service will be rendered by regular medical officers of the Government, or whether it is desired to engage physicians on a fee basis for the performance of this work. If it is desired to engage physicians on a fee basis, statement should be included as to the fee proposed. NOTE.-In some instances this service may be obtained from the Veterans' Administration on a reimbursement basis.

1035.3. When conditions are such that an inspection of dredges and similar items of floating plant by an officer of the United States Public Health Service would be of advantage to the Department, district engineers will make application to the Surgeon General, Public Health Service, through the Chief of Engineers, to have such an inspection made.

1036. COMPENSATION FOR INJURIES

1036.1. Law and regulations. For provisions of law as to compensation of injured employees, employees' compensation fund, and United States Employees' Compensation Commission, see act of September 7, 1916, as amended by the acts of June 5, 1924, June 26, 1926, February 12, 1927, May 13, 1936, and April 6, 1938. See also regulations issued by the United States Employees' Compensation Commission in accordance with the act.

1036.2. Sick leave as applied to the law.-District Engineers are authorized, in their discretion, to permit the use of sick leave as provided by paragraph 1028.2 (b) of these regulations, until such leave is exhausted, in order that compensation may begin on the fourth day of disability after the annual or sick leave has ceased.

1036.3. United States medical officers.—Any medical officer, if employed on a salary basis by the United States, whether commissioned or under contract, is to be considered as a United States medical officer within the meaning as used in section 9 of the law, but medical officers performing services on a fee basis or receiving no salary from the United States are not so considered (Cir. 12, C. of E., 1917).

1036.4. Correspondence relative to employees' compensation.-District Engineers are directed to send direct to the United States Employees' Compensation Commission, Washington, D. C., all routine reports required in the administration of the Compensation Act. Only such correspondence as affects the policy of the War Department or of the Commission should hereafter be sent through the Chief of Engineers (Cir. 14, C. of E., 1917).

1036.5. Computation of payments.-The Commission, in complying with section 3 of the act of September 7, 1916, has ruled that 30 days shall be a month for compensation; that in all claims of per diem employees they shall have their daily wage multiplied by 30 to get their monthly pay; and that two-thirds of this amount shall be their monthly compensation, the maximum compensation not to be more than $116.66. In computing compensation, if the period terminates on the 30th of a month containing 31 days, the first day on which compensation is to be paid is the first of the following month; but in cases where the injury is sustained on the 28th of a month consisting of 31 days, the 31st of such month is considered as one of the waiting days, thus allowing compensation on the 1st of the succeeding month.

1036.6. Reports to United States Employees' Compensation Commission regarding allowances furnished employees. For instructions as to reports to the

United States Employees' Compensation Commission concerning the furnishing of allowances to employees receiving benefits under the Federal Compensation Act of September 7, 1916, see paragraph 1009.4 (c) of these regulations.

1037. ADMISSION OF MASTERS, OFFICERS, AND CREWS OF VESSELS TO BENEFITS OF THE PUBLIC HEALTH SERVICE

1037.1. Authority.-(a) In accordance with the provisions of Section 1 of the act approved March 3, 1919 (ch. 98, 40 Stat. L. 1302), and Sections 647-648, Regulations of the United States Public Health Service, masters, officers, and crews of vessels in the service of the Mississippi River Commission and seamen of the Engineer Corps of the Army, shall be admitted to the benefits of the Public Health Service upon the written request of the Commanding Officer of said vessels, under the same regulations as govern the admission of seamen on documented vessels. Persons for whom treatment is requested should be furnished Master's Certificate (PHS Form No. 1915) for identification purposes. No charge shall be made for their care and treatment.

(b) The term "seaman" will be understood to include masters, officers, and crews of vessels in the service of the Engineer Department.

(c) Relief stations are divided into the following classes:

CLASS 1. U. S. Marine Hospitals.

CLASS 2. Other relief stations under charge of a commissioned officer.

CLASS 3. Stations under charge of an Acting Assistant Surgeon.

CLASS 4. Stations not included in the above classes.

1037.2. Definition of the term "vessel".-Section 3, Revised Statutes (Title 1, Sec. 3, U. S. Code) is as follows:

"The word 'vessel' includes every description of water craft or other artificial contrivance used, or capable of being used, as a means of transportation on water."

1037.3. Definition of the term "seaman."-Section 3 of the act of March 3, 1875, ch. 156, 18 Stat. L. 485, provides that the term "seaman," wherever employed in legislation relating to the United States Marine Hospital Service, "shall be held to include any person employed on board in the care, preservation, or navigation of any vessel, or in the service, on board, of those engaged in such care, preservation, or navigation."

NOTE. The name of the United States Marine Hospital Service was changed to "Public Health and Marine Hospital Service of the United States" by Section 1 of the act of July 1, 1902, ch. 1370, 32 Stat. L. 712, and to "Public Health Service" by Section 1 of the act of August 14, 1912, ch. 288, 37 Stat. L. 309.

1037.4. Vessels of the Engineer Department.-The term "vessel" as defined in the act cited under paragraph 1037.2 above includes the following types of craft in the Engineer Department:

1037.5. Classes of employees entitled to benefits of Public Health Service.(a) The Comptroller General has held that employees who are employed on board vessels primarily to perform duties of a workshop character not connected with the care, preservation, or navigation of said vessels, are not entitled to the medical-relief benefits of the Public Health Service.

(b) The Comptroller General has held, however, that employees who are employed on board vessels primarily in the care, preservation or navigation of such vessels, or in the service, on board, of those so engaged, but who also perform other duties on board of a workshop character not connected with the care, preservation, or navigation of the vessels, are entitled as seamen to the medical-relief benefits of the Public Health Service.

NOTE. According to decision of the Comptroller General dated January 26, 1926 (5 ̊C. G. 536), employees serving on a quarterboat in its operation, care, and preservation, including clerk, cook, and shipkeeper, are entitled to the benefits of the Public Health Service.

1038. MEDICAL AND HOSPITAL CARE WHICH MAY BE FURNISHED BY THE ENGINEER DEPARTMENT

1038.1. Circumstances under which Engineer Department may provide medical or hospital treatment. In any case coming within the terms of the Employees' Compensation Act, approved September 7, 1916, as to injured employees the course prescribed by the law must be followed. In any case in which the employee is entitled to the benefit of the Public Health Service, the facilities of the Public Health Service will be used, if possible, and in such cases the expense of treatment will not be chargeable to river and harbor or Engineer Department appropriations. When Public Health Service facilities are not available, the expense of treatment of employees (including seamen) may be borne from river and harbor or Engineer Department funds.

1038.2. Medical and hospital care for field employees.—The officers in charge of river and harbor, flood control, or other civil works of the Engineer Department at large are further hereby authorized, in case of sickness incurred in the line of duty of any employee when serving in the field, to take steps as follows for his care, including medical and surgical treatment to such extent as the case may require:

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(a) In case of slight and passing ailments to supply the employee with such simple and ordinary remedies as can be used safely without the employment of a physician, and for that purpose to purchase and keep on hand a sufficient supply of suitable medicines, remedies, and appliances.

(b) In case of the appearance of any contagious or infectious disease among his employees, to take all such prompt and effective steps, and to use all such precautions as shall be necessary for the care of those attacked by the disease and to prevent its communication to others. The provisions of this paragraph shall apply to both field and office employees.

(c) In cases of such sickness as in the judgment of the employing officer require the advice of a physician, to employ one, and to act upon his advice as to the necessary medical, surgical, and hospital attendance, treatment, supplies, and service required; and if the case require it, to place the employee in a hospital, and if there be no hospital within reach maintained by the United States at which the patient can be received and cared for without charge or at such reduced rates as may warrant the expense of sending the patient thereto, or if the illness or injury is of such critical nature as to require immediate action in order to save life, constituting an extreme emergency and affording no time for agreement or arrangements in advance, then he may be

placed in any hospital or sanitarium which the employing officer may select, and the employing office is authorized to pay the expense, at reasonable rates, for a reasonable period, not exceeding sixty days, while the employee is unable to resume work or to go his way; and if such employee be entitled to annual and sick leave under the Uniform Leave Regulations contained in paragraph 1028 of these regulations, he may be allowed the sick, and if necessary, the annual leave to his credit, or such portion thereof as may be required, during such sickness; provided that the absence is accounted for to the satisfaction of the proper officer by the certificate of the attending physician.

1038.3. Appropriation chargeable with expense of treatment.-The expenses incurred by the employing officer in caring for sick employees shall be charged to the appropriation under which the employee is employed.

1038.4. Information required on vouchers.-The attention of all officers is particularly invited to the necessity of showing conclusively by statements on vouchers and evidence attached thereto, that any case designated as an extreme emergency as stated above, did actually constitute such an emergency; that the critical nature of the illness prevented previous arrangements or agreement, although all possible effort was made to place the employee in a hospital maintained by the United States or in a contract hospital. The extent of the effort made must be clearly shown as to each of the requirements stated above.

1038.5. Rates to be arranged by advance contract.-Except in cases of extreme emergency under conditions affording no time for previous arrangements or agreements, or in which delay would endanger the life of the employee, the rates for the medical, surgical, and hospital attendance, treatment, supplies, and service shall be arranged in advance by contract or written agreement; and all accounts, contracts, and agreements for expenses occurring under these regulations shall have the approval of the division engineer in charge of the division of the Engineer Department at large in which the employee is employed, and his approval shall be conclusive as to the measure of relief to which the employee is entitled under the regulations.

1038.6. Definition of field employee. For the purpose of these regulations a field employee is defined to be one who is regularly receiving subsistence and quarters in kind furnished by the United States; and who at the time the necessity for medical treatment arises, is on actual field duty.

1038.7. Surgical service to be furnished only in emergency cases.-Surgical service shall be paid for by the United States only in those cases where immediate surgical operation appears to be necessary to save the life of the employee.

1039. MISCELLANEOUS PROVISIONS

1039.1. Proposing modifications of existing acts or rules. The following procedure shall be strictly observed by officers and employees in the executive civil service in submitting any recommendations affecting the method of appointment to any position or class of positions now included or which may be included in the classified service under the operation of the civil-service act or rules, or proposing any exception to the requirements of said act or rules, or labor regulations, in either the classified or unclassified service:

Every recommendation shall be accompanied by a full statement of the reasons therefor and, if approved by the head of the proper department or independent bureau, shall be referred to the Civil Service Commission.

NOTE-The method of appointment to positions in the classified civil service is prescribed by the Civil Service Act of January 16, 1883, and the rules and regulations promulgated thereunder by the President and the Civil Service Commission. The procedure mentioned above will be followed when it is proposed to