Hazardous Duty Differential

GAO reviewed an action of the Claims Group which denied claims by general schedule employees for hazardous duty differential. The claimants' contention was that their assigned duty involved regular and constant exposure to toxic chemicals which created physical and biological hazards. The claims were denied by the Claims Group because the hazard was not irregular as required by statute. Applicable legislation states that the hazardous duty differential be paid only where the employee is exposed to the hazard on an irregular or intermittent basis. GAO has held that the authority to determine whether a particular situation warrants payment of a hazardous duty differential is a decision which is vested primarily in the employing agency. GAO found no reason of law or judgment to substitute the decision of the agency officials. In the absence of a statutory provision so authorizing, costs and attorney's fees arising out of claims against the Government are not recoverable. Accordingly, the Claims Group's prior disallowance was sustained.