B-62887, JANUARY 31, 1947, 26 COMP. GEN. 544

B-62887, JANUARY 31, 1947, 26 COMP. GEN. 544

PHYSICAL EXAMINATION OF CIVILIAN EMPLOYEES - APPROPRIATION AVAILABILITY THE COST OF AN ELECTROCARDIOGRAM OF A CIVILIAN EMPLOYEE, ADMINISTRATIVELY AUTHORIZED AS A PRECAUTIONARY MEASURE FOR THE PROTECTION OF GOVERNMENT PROPERTY AND PERSONNEL AFTER THE EMPLOYEE HAD BECOME ILL AT HIS WORK, MAY BE CHARGED TO THE APPROPRIATION FOR EXPENSES OF THE ACTIVITY IN WHICH HE WAS ENGAGED.

COMPTROLLER GENERAL WARREN TO MAJ. C. R. FORSBERG, U.S. ARMY, JANUARY 31, 1947:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 3, 1946, TRANSMITTED HERE BY THE CHIEF OF FINANCE, UNDER FOURTH INDORSEMENT DATED JANUARY 7, 1947, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF THE SAMARITAN HOSPITAL IN THE AMOUNT OF $10 FOR AN ELECTROCARDIOGRAM OF CHARLES BRISTOL, AN EMPLOYEE OF THE PARTICULAR SERVICE WAS DETERMINED ESSENTIAL FOR THE SAFE AND SUCCESSFUL OPERATION OF THE PLANT AND FOR THE BENEFIT OF THE GOVERNMENT IT IS THOUGHT THAT THIS SERVICE IS A LEGAL OBLIGATION TO BE PAID FOR OUT OF AVAILABLE FUNDS. IS THEREFORE RECOMMENDED THAT PAYMENT BE MADE FROM SHOP EXPENSE FUNDS.

PURCHASE ORDER NO. 43561, DATED JULY 19, 1946, ISSUED BY THE WATERVLIET ARSENAL FOR THE SERVICE IN QUESTION, PROVIDES, IN MATERIAL PART, AS FOLLOWS:

THIS CONTRACT IS AUTHORIZED AND ENTERED INTO UNDER THE FIRST WAR POWERS ACT, 1941 ( ACT OF DECEMBER 18, 1941, PUBLIC NO. 354, 77TH CONGRESS) AND EXECUTIVE ORDER 9001 OF DECEMBER 27, 1941, AND THE ACT OF JULY 2, 1940 ( PUBLIC NO. 703, 76TH CONGRESS) AS CONTINUED IN EFFECT BY THE ACT OF JUNE 5, 1942 ( PUBLIC NO. 580, 76TH CONGRESS).

THIS IS AN APPROVED PROJECT UNDER THE ACT OF JUNE 5, 1920.

IN 22 COMP. GEN. 32 IT WAS HELD, QUOTING FROM THE SYLLABUS:

PERIODIC PHYSICAL EXAMINATIONS OF CIVILIAN EMPLOYEES AT A CHEMICAL WARFARE LABORATORY FOR THE PROTECTION OF THE HEALTH OF THE EMPLOYEES BY THE EARLY DETECTION OF ARSENIC POISONING REPRESENT PRECAUTIONARY MEASURES TO PREVENT ILLNESS--- AS DISTINGUISHED FROM CURATIVE MEDICAL TREATMENT--- WHICH ARE PRIMARILY FOR THE BENEFIT OF THE GOVERNMENT AS A NECESSARY INCIDENT TO THE SUCCESSFUL OPERATION OF THE LABORATORY, AND, THEREFORE, THE EXPENSE THEREOF MAY BE PAID FROM THE APPROPRIATION," CHEMICAL WARFARE SERVICE, ARMY, 1942," AVAILABLE FOR OPERATION OF THE LABORATORY, EVEN THOUGH SUCH EXPENSE IS NOT SPECIFICALLY PROVIDED FOR THEREIN.

AS IT APPEARS THAT THE ELECTROCARDIOGRAM IN THIS CASE WAS A PRECAUTIONARY MEASURE ADMINISTRATIVELY AUTHORIZED OR DIRECTED PRIMARILY FOR THE PROTECTION OF GOVERNMENT PROPERTY ENTRUSTED TO THE EMPLOYEE IN THE NORMAL COURSE OF HIS DUTIES AS WELL AS FOR THE PROTECTION OF OTHER EMPLOYEES WORKING WITH MR. BRISTOL, THE COST THEREOF APPEARS PROPERLY CHARGEABLE TO THE APPROPRIATION FOR EXPENSES OF THE ACTIVITY IN WHICH THE EMPLOYEE WAS ENGAGED.

THE VOUCHER IS RETURNED HEREWITH, AND IT MAY BE PROCESSED FOR PAYMENT, IF OTHERWISE CORRECT.