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NTEU CHAPTER 280 - U.S.
ENVIRONMENTAL PROTECTION AGENCY, NATIONAL HEADQUARTERS DESCRIPTION NEWSLETTER CURRENT ISSUES PRESS RELEASES LINKS MEMBERS PAGE HISTORY SITE INDEX
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TEXT OF AGREEMENT BETWEEN EPA HEADQUARTERS UNIONS AND EPA UNIFORM CRITERIA AND PROCEDURES FOR REQUESTING AND ASSIGNING ALTERNATIVE WORK SPACE SECTION I -- PURPOSE This Alternative Work Space Program Partnership Agreement establishes uniform criteria and procedures for employees applying for, receiving or continuing an assignment to work in Alternative Work Space (AWS) for health associated reasons. This Partnership Agreement also establishes criteria and procedures for supervisors reviewing and deciding on AWS assignments for employees and provides for establishing Work Agreements with those employees. AWS is a stand-alone, internal, Headquarters policy that is defined by this Partnership Agreement. AWS provides an employee an opportunity to be considered for work at a location other than the officially assigned work station solely because of claims of adverse health effects caused or aggravated by some physical condition associated with the work station. Nothing in this program reduces or expands an employee's rights under Worker's Compensation or claims for reasonable accommodation brought pursuant to the Federal Rehabilitation Act of 1973, as amended, or any other employee right or entitlement. In addition, AWS is distinct from medical flexiplace (available to employees under the Agency's Flexiplace policy). SECTION II -- APPLICABILITY The AWS program applies only to EPA employees employed at EPA's Headquarters Offices located in the Washington, D.C. metropolitan area. SECTION III -- DEFINITIONS (a) Alternative Work Space (AWS) is an assigned work location other than the officially assigned work station. This work location is assigned to an employee solely because of claims of adverse health effects caused or aggravated by some condition associated with the employee's officially assigned work site. (b) Alternative Work Space Program Oversight Committee is a standing subcommittee of the Headquarters Labor/Management Partnership Council. The Committee has four members: one representative from the Office of Human Resources and Organizational Services (OHROS, an office within the Office of Administration and Resources Management, or OARM) one representative from the Association of Federal Government Employees (AFGE) Local 3331; one representative from the National Treasury Employees Union (NTEU) Chapter 280; and one representative from an AA-ship who is serving on the Headquarters Labor/Management Partnership Council. (c) Alternative Work Space Program is the EPA Headquarters program that considers an employee's request to work at a location other than the officially assigned work station solely because of claims of adverse health effects caused or aggravated by some condition associated with the officially assigned work site. (d) Alternative Work Space Program Coordination will be handled in OHROS. AA-ships will be able to receive information regarding the AWS Program from their individual personnel servicing teams within OHROS. (e) EPA Health Unit Physician is a licensed doctor of medicine provided at the Headquarters health unit through an Interagency Agreement with the U.S. Public Health Service/Division of Federal Occupational Health. The health unit physician is available to all EPA employees as part of EPA's wellness service, including medical consultation related to requests for Alternative Work Space. (f) Facilities and Management Services Division (FMSD) is a division within the Office of Administration and Resources Management with responsibility for building-related services. (g) Office of Human Resources and Organizational Services (OHROS) is an office within the Office of Administration and Resources Management with responsibility for, among other things, providing information and materials to employees regarding the AWS program and process. (h) Physician means a licensed doctor of medicine or doctor of osteopathy. (i) Practitioner means a person providing health services who is not a physician, but who is certified by a national organization and licensed by a State to provide the service in question. (j) Safety, Health and Environmental Management Division (SHEMD) is a division within the Office of Administration and Resources Management with responsibility for providing professional direction and guidance on occupational safety and health issues internal to EPA. (k) Statement of recommendations refers to the treating physician or practitioner's statement of recommendations and/or restrictions as set out in Part 3 of the Alternative Work Space Form (at Appendix A). (l) Supervisor means the individual with official and designated supervisory status who provides the employee's first level of supervision. (m) Work site means the EPA or GSA facility at which the employee's work station is located. (n) Work station means the employee's officially assigned desk, cubicle, or office. SECTION IV -- REQUESTS FOR IMMEDIATE RE-LOCATION This section applies when an employee reports experiencing adverse health effects that he/she believes are associated with the officially assigned work site and requests immediate relocation from the officially assigned work station. As soon as possible after being contacted by the employee, the supervisor should contact FMSD to ascertain whether any short-term physical changes within the building may be causing the problem, such as painting, construction, re-carpeting or other activities. This information may be helpful to both the supervisor and the employee in determining next steps. If no apparent physical changes within the building appear to be occurring, then the supervisor should also contact SHEMD to request an evaluation of the employee's work station. SHEMD's evaluation may help determine whether any timely changes can be made to assist the employee. In the meantime, in response to a request for immediate relief, the supervisor should consider doing one of the following: 1. relocate the employee to a different work station in the same or another EPA or GSA building; 2. assign the employee to a flexiplace location in accordance with the Agency's flexiplace policy; 3. working with FMSD, relocate the employee to the "clean space" in Crystal Station; or 4. approve administrative, sick or annual leave for the employee. While SHEMD and FSMD look into the situation, the employee may request to be assigned to AWS by completing the AWS Form. SECTION V -- APPLYING FOR AWS This section applies both to new requests for AWS status and also to requests to continue in AWS as approved or permitted prior to the date of this partnership agreement.
Eligibility
Basis for Decision
Step 1: Applying for AWS
Requests for New AWS Status
Requests to Continue Current AWS Status
Renewing/Updating the AWS Form 1. The employee's treating physician or practitioner recommends reevaluation of AWS; 2. Where the employee is located in an EPA facility, and there is a proposed change in the physical location of the employee, or an alteration of the work station, that is relevant to the Statement of Recommendations; or 3. The employee notifies the supervisor of a change in his or her medical condition or status. Step 2: Deciding the AWS request Once the employee submits a completed Alternative Work Space Form, the supervisor shall decide within 30 calendar days whether to approve AWS. This decision must be reflected in writing on the AWS Space Form. The supervisor must upon receipt acknowledge in writing (by signing or initialing the AWS Form) the employee's written application for AWS. The supervisor shall then meet with the employee to discuss the application and to determine any immediate needs. In making this decision, the supervisor shall take into consideration the following criteria: 1. Whether the critical elements of the employee's performance plan can be performed at a location other than the officially assigned work station. The supervisor and employee may need to work together to consider the possibility of restructuring the employee's duties and/or assignments; and 2. The information contained in the Statement of Recommendations completed by the treating physician or practitioner. If the supervisor initially cannot make a determination based on the information received, then the supervisor may: 1. In writing, request written clarification from the employee; 2. With the employee's permission and/or involvement, request in writing clarification from the treating physician or practitioner. This clarification must also be in writing; 3. Seek the advice of the AWS Program Oversight Committee with employee involvement; or 4. Subject to the employee's providing written authorization, consult with the EPA Health Unit physician to assist in providing a written interpretation of the Statement of Recommendations. The responsibility and authority to decide on the AWS request rests with the supervisor, not with the treating physician or practitioner, the EPA Health Unit physician or the AWS Program Oversight Committee. The supervisor should consider the physician's statement of recommendations in deciding on the AWS request. The responsibility to initiate the request and provide sufficient information and documentation as described in this program rests solely with the employee. Step 3: Assigning a Work Site for the AWS Employee When the employee is assigned to AWS, the supervisor must determine where the employee will be assigned to work. Available options include a different work station in the same building, a work station in another EPA or GSA building, an AWS space provided by the Agency, or a location other than an EPA building. Facilities and Management Services Division (FMSD) of the Office of Administration and Resources Management can provide information on the availability of alternative work space within the Headquarters buildings, can provide transition space, can alter existing space to address specific needs, where feasible, or can provide specified facilities services that may be requested for employees assigned to AWS. To the extent practicable, FMSD can also take steps to improve the officially assigned work station in response to specific recommendations. The Safety, Health and Environmental Management Division (SHEMD) of the Office of Administration and Resources Management can perform a safety and health assessment of the space (including industrial hygiene and ergonomic applications), provide information on the safety and health of the officially assigned work station and provide consultative support to supervisors and employees when requested. SECTION VI -- AWS WORK AGREEMENT Both the employee and the supervisor are responsible for working together to develop work products and for maintaining effective and open communication. The supervisor and employee must finalize a Work Agreement (at Appendix B) to ensure that both the employee and the supervisor understand the AWS arrangement. Work assignments vary in the degree to which they are specific to a particular work station. Therefore, in developing a Work Agreement, the employee and the supervisor must work together to identify the work assignments the employee is qualified and able to perform at a location other than the officially assigned work station. In developing the Work Agreement, the supervisor and the employee must consider the Statement of Recommendations, specifically the job restrictions or special considerations that are recommended, in order to identify possible AWS arrangements. The Work Agreement must also identify the equipment the Agency and/or the employee will provide to enable the employee to perform his or her work assignments. In addition to the Work Agreement, employees in AWS must complete the self-certification time and attendance report at Appendix C. SECTION VII -- AWS PROGRAM ADMINISTRATION AWS program coordination and information are available to employees and supervisors through the personnel servicing teams in OHROS. The teams can supply copies of all pertinent forms and policies. In addition, the teams track the activities of the AWS Program Oversight Committee and maintain copies of records of any decisions. Each supervisor of an employee assigned to AWS must provide to the relevant personnel servicing team a copy of the employee's completed AWS Form and any additional or supporting information (excluding medical information protected by the Privacy Act) developed as part of the application and decision processes. The supervisor will update this information as necessary. All records, excluding Privacy Act protected medical information, pertaining to employees in AWS shall be centrally maintained in OHROS. SECTION VIII -- DISPUTE RESOLUTION PROCESS The AWS Program Oversight Committee, a standing subcommittee of the Headquarters Labor/Management Partnership Council, is responsible for clarifying the intent and application of the AWS Partnership agreement. The AWS Program Oversight Committee is available to supervisors and employees to help expedite the application, understanding and proper utilization of the program. For example, the committee may recommend an opportunity for an employee and supervisor to meet in person to discuss an AWS request. In this way the committee may be able to function as a third party facilitator and or as a mediator in attempting to work out an acceptable resolution.
Employees' Rights
Employees who do not fall within the scope of either bargaining unit's representation may elect to utilize the Agency's Grievance System, EPA Order 3110.8A, which sets forth the grievance procedure available for such employees. This action can be initiated by contacting OHROS. SECTION IX -- RESCISSION This Alternative Work Space Program Partnership Agreement rescinds the July 10, 1989 "Guidance Regarding Employee Requests for Alternate Work Space or Work Assignments" and supersedes Article XV of the NFFE Local 2050 Collective Bargaining Agreement, recognized and adopted by NTEU Chapter 280. SECTION X -- EFFECTIVE DATE This partnership agreement is effective ___________________. AGREED TO: FOR THE UNIONS: ____________________________ FOR THE AGENCY: ______________________________ AFGE Local 3331 ______________________________ NTEU Chapter 280
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