Forest Service Handbook
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FSH 5109.34 - INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK

CHAPTER 10 - PERSONNEL

Interim Directive No.: 5109.34-2005-1

Effective Date:

Duration: This interim directive expires on

Approved: irving w. thomas                                                                Date Approved:
Associate Deputy Chief


Posting Instructions: Interim directives are numbered consecutively by Handbook number and calendar year. Post by document at the end of the chapter. Retain this transmittal as the first page(s) of this document. The last interim directive was 5109.34-2004-1 to chapter 10.

Digest:

13.6, exhibit 01 - Sets out the revised Pay Plan for Emergency Workers (Casuals) effective January 1, 2005. This 2005 pay plan makes the following changes from the plan previously in effect for 2004:

1. Clarifies that this authority may be utilized for Federal Emergency Management Agency (FEMA) mission assignments (A.3).

2. Requires use of standard rates for positions established by the Incident Business Practices Working Team (IBPWT) for commonly used positions. Requires approval of rates for positions not established in this pay plan. Removes provision, which allows Geographic Areas to assign rates and instructs the areas to furnish documentation to the IBPWT to establish the rate for the position on a nation-wide basis (B).

3. Establishes new pay classes from AD-A to AD-M and associated rates (B.1) and removes direction on former AD-4 and AD-5 position rates (B.2 and B.2.a).

4. Changes direction to be consistent at all pay levels where a casual’s pay will be set at the point of hire and will not change based upon the location of the incident (B.3).

5. Clarifies that the hiring of casuals for annual refresher courses, mandatory fitness testing and GACC sponsored team meetings is included within the 80 hour training limit, regardless of agency (D.6).

6. Removes the provision for up to 120 hours of training for specialized positions when state or federal licensing and or certification requirements exist (D.6).

7. Clarifies that if a casual attends over 80 hours of training they will not be compensated (D.6).

8. Deletes the provision for paying the rate at point of hire or the rate at the location of the incident, whichever is higher (E.10).

9. Deletes provision to process casual payments at demobilization site (E.11).

10. Removes reference to the Interagency Incident Business Management Handbook 12.2 – 12.6 (E.11.b) and inserts the applicable provisions in the pay plan.

11. Adds clarification on when a casual is compensated for meal breaks and travel interruptions (E.11.c3-4).

12. Removes reference to R&R and clarifies that casuals are guaranteed 8 hours per day when working away from their point of hire (E.11.d).

13. Incorporates language from the Interagency Incident Business Management Handbook, section 12.6 on compensable meal periods (E.13).

14. Adds E.19 advising agencies to adhere to their policy on hiring of relatives as casuals.

15. Changes the way positions are classified and rates are established (F.1).

16. Simplifies the rate for a casual working as a trainee to be paid at one rate lower than the full performance rate (F.2).

17. Develops a uniform pay rate of an AD-A for training, regardless of the casual’s qualifications (F.3).

18. Deletes F.5-8 authorizing agency administrators to equate positions to benchmark jobs and adds information on how positions are classified.

19. Deletes positions from the Incident Position Matrix that did not have adequate documentation to be included in the classification process.

13.6 - Exhibit 01

PAY PLAN FOR EMERGENCY WORKERS (CASUALS)

A. PREAMBLE.

Pursuant to 5 U.S.C. 5102(c)(19), 7 U.S.C. 2225 and 2226, 43 U.S.C. 1469, and 16 U. S.C. 554e, there is hereby established, effective January 1, 2005, the following Administratively Determined (AD) Pay Plan, which replaces and supersedes previously approved plans. In the event there is an emergency in progress on the effective date of this pay plan, the emergency workers (casuals) on that emergency shall be paid under the provisions of the AD pay plan in effect at the start of the emergency. This pay plan applies wherever and whenever it becomes necessary to hire persons:

1. To cope with a sudden and unexpected emergency caused by a fire, or extreme fire potential, flood, storm, or any other emergency that threatens damage to Federally protected property unless brought under immediate control, or

2. To provide emergency assistance to State Foresters under formalized cooperative agreements (see paragraph D). Such hiring is of uncertain or purely temporary duration, and shall be terminated when other employment methods can be initiated. This plan can be used for suppression operations and suppression for resource benefit. This pay plan is complete within itself. Therefore, for any hiring under this plan, the provisions herein take precedence over any other policies or regulations that may be prescribed elsewhere.

B. RATES OF PAY.

The National Wildfire Coordinating Group (NWCG) Incident Business Practices Working Team (IBPWT) establishes rates for most commonly used AD-A through AD-M positions. Geographic Area Coordinating Groups (or designated agency representatives) may request rates for positions not published in this pay plan. Rates for positions not published in this pay plan must be approved by the Incident Business Practices Working Team. The agency hiring official will submit, through normal agency channels, a description of duties and justification to the Chair of the IBPWT, who will facilitate the position review process in order to establish a rate. Enough information must be provided to determine the specific duties and complexity level of the proposed position. This process could take anywhere from a few days to weeks to complete.

If a unit has an immediate need and would like to request an exception, they may forward their request, through normal agency channels, to their respective agency Fire Director (or a designee) for consideration and/or approval. Exceptions must be reviewed, approved and forwarded by a designated Geographic Area or Regional representative (i.e. GACC Coordinator, Regional Fire Director, etc). Enough information must be provided to determine the specific duties and complexity level of the proposed position. (Note: The approved exception rate will only be approved for the duration of the current incident. It is expected that the position will be submitted through the review process to establish a permanent rate.)

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The approval must be attached to the casual’s Single Resource Casual Hire Information Form and original time record (OF-288) for payment use and must be made a part of the incident record. If no documentation establishing a new or interim rate is provided, payment will be made at the AD-A rate.

1. Rates Per Hour.

2. If the casual is assigned to a different job skill (as documented on the Crew Time Report, SF-261), adjust the pay rate to the appropriate rate for that skill and document in the Remarks block of Form OF-288.

3. The rate will be established at the point of hire and documented on the OF-288 or the Single Resource Casual Hire Information Form. The rate established at the point of hire will remain in effect regardless of the location of the incident.

4. The Area Commander, Type 1 or Type 2 Incident Commander, and Type 1 or Type 2 Deputy Incident Commander, Security Specialist Level 1, and Buying Team Member are key positions and may be filled only by current agency employees.

5. Consideration of Hazardous Nature of Work. The hazardous nature of the work was considered in establishing the grade levels for these positions. Therefore, no additional pay is authorized for hazardous duty.

C. DESCRIPTION OF AREAS TO WHICH RATES ARE APPLICABLE.

1. The 48 contiguous States and the following areas and jurisdictions:
Caroline Islands
Virgin Islands
Guam
Puerto Rico
Mariana Islands
Other Caribbean Islands
Marshall Islands
America Samoa
Other Pacific Islands

2. Alaska (Statewide).

3. Hawaii (Statewide).

D. REQUIRED SITUATIONS FOR HIRE.

Hiring of emergency personnel may be made according to the provisions of this pay plan when any of the following situations exists:

1. To fight an ongoing fire.

2. To hire personnel during unusually dry periods or when fire danger is very high to extreme (Class 4 or 5), or when fuel or weather conditions are such that fires can readily ignite, spread rapidly, and do substantial damage, and when risks of fire occurrence are high (for example, severity authority, prevention team activation). Examples of high risks occur when the preceding conditions exist and when:

a. Unusual lightning activity is present or is predicted;

b. Incendiary outbreaks occur; or

c. An unusually large number of people are in the area (opening day of hunting season, fishing season, 4th of July, or Labor Day weekend, for example).

3. To provide support to an ongoing incident, including post-incident administration (for example, dispatch, warehouse/cache workers, buying team members, payment team members, administrative support and reviews). Post-incident administration normally should not exceed
90 days.

4. To place additional firefighters on standby for expected dispatch somewhere in the area.

5. To temporarily replace members of fire suppression crews or fire management personnel who are currently on fires.

6. To allow personnel to attend emergency incident training not to exceed a total of 80 hours per calendar year for an individual in preparation for emergency incident situations. The 80 hour limit includes but is not limited to:

a. Required annual refresher courses.

b. Annual geographical area sponsored team meeting if the casual is identified on the Geographic Area Coordination Center team roster.

c. Travel to and from the training.

Casuals will not be compensated for over 80 hours of training, regardless of hiring agency. Time at training over 80 hours will be considered a personal benefit and voluntary.

7. To allow personnel to instruct fire suppression training when all other methods of hiring and contracting instructors have been exhausted; not to exceed a total of 120 hours per year for a qualified individual to prepare, instruct, and issue certificates for required courses for emergency fire situations as noted in paragraph 6.

8. To cope with floods, storms, or any other emergency that threatens damage to federally protected property unless brought under immediate control.

9. To carry out emergency fire rehabilitation work where there is an immediate danger of loss of life or property or when prompt remedial action is essential before potentially damaging climatic events occur.

10. During a transition period, not to exceed 90 days, following a natural emergency to develop plans and manage an emergency rehabilitation effort until regular employees can handle the situation or until other employment methods can be initiated.

11. To meet mission assignments issued by the Federal Emergency Management Agency (FEMA).

E. CONDITIONS OF HIRE.

1. This pay plan applies only to those casual hires that are recruited for the sole purpose of dealing with an immediate fire emergency, extreme fire potential, or other emergency.

2. Under no conditions may active members of the Armed Forces be hired.

3. Federal retirees may be hired under this plan without a reduction in annuity (Comp.
Gen. B-139682, June 19, 1959).

4. Casuals hired under this plan must meet minimum physical fitness standards and security and training requirements as established by agency policy. Hiring units shall use the Single Resource Casual Hire Information Form, casual hiring information forms, per agency policy. In addition, casuals are required to complete a Health Screening Questionnaire (Form FS-5100-31) for certain positions prior to being hired.

5. Casuals in positions that require special certification or license (emergency medical technicians, drivers, instructors, and so forth) must meet the requirements of the State where the incident is located.

6. The Immigration Reform and Control Act of 1986 (8 U.S.C. 1324A) requires employers to hire only individuals who are eligible to work in the United States. This law also requires that the Immigration and Naturalization Service (INS) Form I-9 be completed within 3 business days of the appointment. Those units who establish and train organized crews should complete INS Form I-9 as soon as crews are organized to eliminate the need for verification at incidents. The appropriately delegated position on the hiring unit or the designee is responsible for verifying the eligibility of any casuals hired.

7. The Agency Administrator or the designee has the final authority to accept or reject any person hired under this plan.

8. To work under this plan requires a social security number for United States citizens or an individual taxpayer identification number for non-United States citizens. Furnish casuals a notice of mandatory social security number disclosure at the time of hire.

9. The salary rate shown for each classification is the rate per hour to be paid for all the service required of the casual hire. Premium compensation shall not be paid for service in excess of 8 hours per day or 40 hours per week or for night, Sunday, or holiday work (7 U.S.C. 2226).

10. The hiring period begins at the point and the time an individual is available for hire at the request of an agency representative. It ends at the time the casual hire is returned to the point of hire or is no longer available.

a. All hours worked under this pay plan must be recorded as either on-shift or
off-shift. All on-shift time is compensable; all off-shift time is non-compensable.

b. On-shift includes time spent in travel from and to the point of hire and related waiting time; other travel necessary for the performance of work, such as from fire camp to fire line or between fire camps; ordered standby; and actual work.

c. Off-shift includes:

(1) Time allowed for sleeping and eating when personnel are free from assigned duty and

(2) Other periods when personnel are free from duty and are not in an ordered standby status. Ordered standby occurs when, at the direction of the agency representative, a casual hire is held in a specific location fully outfitted and ready for immediate assignment.

(3) Travel interruptions during a period of continuous travel are compensable up to three hours (see 13.d for information on the 8-hour guarantee and the first and last day of work). Travel interruptions exceeding 3 hours (per one-way trip, to or from the destination) where individuals are free to sleep, eat, or, to a limited degree, pursue personal activities including waiting at an airport or other transportation site, are not compensable, and must be shown on the Crew Time Report, SF-261, as a travel interruption. In addition, the 3 hour maximum limitation applies even when the one-way trip spans two calendar days.

(4) Meal Breaks. Time spent eating during travel interruptions is non-compensable (e.g., eating while waiting in an airport or stopping at a restaurant), and must be shown as a break on the Crew Time Report, SF-261. Time spent eating while traveling in a plane, bus, or other vehicle is compensable.

d. Casual hires must be given enough on-shift time (travel, ordered standby, and actual work) to total 8 compensable hours for that calendar day. There may be occasions when a casual hire may not be assigned on-shift work during a calendar day to meet work/rest guidelines established by the Agency Administrator. If the casual hire is not at the point of hire, the 8-hour guarantee applies. This 8-hour guarantee does not apply to the first and last day of work.

e. Casuals assigned to an incident at their point of hire are not entitled to their guaranteed hours on days off. This is considered off-shift time and is non-compensable.

f. The minimum compensable time allowance for each work period is 2 hours. Thereafter, compute time in multiples of 15 minutes.

g. Casuals who deviate from the normal travel route home are considered “no longer available” and are not entitled to travel time home nor to transportation provided by the Government from the point the travel deviation occurs. The travel deviation must be documented and attached to the casual’s original time record (Form OF-288) for use by the payment unit. This documentation shall also be made a part of the incident record.

11. All transportation required from point of hire until return to point of hire shall be at Government expense. When a casual is released for cause or quits without good reason, pay shall be stopped at the time services are terminated; the Agency Administrator may allow the casual return transportation at Government expense to the point of hire.

12. Compensable meal periods are the exception, not the rule. Casuals on the fireline may be compensated for their meal period if all of the following conditions are met:

a) The fire is not controlled, and;

b) The Operations Section Chief makes a decision that it is critical to the effort of controlling the fire that personnel remain at their post of duty and continue to work as they eat, and;

c) The compensable meal break is approved by the supervisor at the next level of the crew boss and it is documented on the Crew Time Report, SF-261.

In those situations where incident support personnel cannot be relieved from performing work and must remain at a post of duty, a meal period may be recorded as time worked for which compensation shall be allowed and documented on the Crew Time Report, SF-261.

Compensable meal breaks include time spent eating while traveling in a plane, bus, or other vehicle.

For casuals in support positions, and fire line positions after control of the fire, a meal period of at least 30 minutes must be ordered and taken for each six hours on duty (e.g., a minimum 30 minute break in an 8 to 12 hour shift, a minimum 60 minute or two 30 minute breaks in a 12 to 16 hour shift).

13. When casuals do not receive adequate food or lodging, they shall be in pay status the entire time they are working, sleeping, or eating. Adequate food is defined as: meals ready to eat, sack lunches, military type rations, and hot can or similar meals. Adequate lodging is described as: a sleeping bag (paper or cloth) or a blanket or equivalent covering to provide protection from the elements for sleeping.

14. Whenever deemed practical and necessary by the agency representative, furnish subsistence and lodging at Government expense for casuals under this plan. If the Government cannot provide subsistence for a casual, reimbursement should be made through the agency travel process, following current Agency Travel Regulations.

15. Casuals under this pay plan are not entitled to earn or to be granted annual or sick leave, or to be covered under the Federal Employees' Group Life Insurance Act (5 U.S.C. 87), Civil Service Retirement Act (5 U.S.C. 83), Federal Employees' Retirement System (5 U.S.C. 84), Federal Insurance Contributions Act (26 U.S.C. 3121(b)(6)(C)), or the Federal Employees' Health Benefits Act (5 U.S.C. 89). However, the Federal Employees' Compensation Act
(5 U.S.C. 81) does cover casuals.

Under the provisions of 5 U.S.C. 8501, Federal agencies do not report wages earned to State offices for unemployment compensation purposes. The services performed by an individual on a temporary basis in case of fire, storm, earthquake, flood, or similar emergency are not considered as performing Federal service for the purpose of reporting wages for unemployment compensation benefits. Casuals may furnish statements of earnings to State Unemployment Offices on their own behalf.

16. Federal and State taxes shall be withheld from salary payments. Each emergency worker shall present IRS Form W-4 or W-5 at the time of hire. If the emergency worker fails to submit either form, taxes shall be withheld at the single with no exemption rate. IRS Form W-2 shall be issued to the emergency worker at the end of the year in which reported wages are earned. State taxes shall be withheld for the State, in which the emergency worker is hired, unless the emergency worker requests withholding for another State and submits the appropriate State forms.

17. Casuals under this pay plan may not supervise, hire, order, or recommend payments that in any way affect a company or contractor that the casual has ownership or employment with, or perform any other financial responsibilities to, or for, the company or contractor on an incident. If such working conditions exist on an incident or other workplace, the casual must immediately disclose their relationship with the company or contractor, to the Agency Administrator, Incident Business Advisor (IBA), or Finance Section Chief for immediate action.

18. Hiring Units shall adhere to agency specific policy on the hiring of relatives as casuals.

F. POSITION CLASSIFICATIONS.

1. Rates are determined according to the job performed. Length of service and/or additional qualifications are not used to determine pay rate. The AD rate shall be set at the point of hire based on the primary duties of the position. Occasional or infrequent duties at a higher level do not justify a change in the pay rate.

2. When casuals work as trainees, they shall be paid one AD rate lower than the full performance AD rate.

3. Casuals hired to attend emergency incident training shall be paid at the AD-A rate (see D.6).

4. AD-A through AD-M. The following Incident Position Matrix outlines the national standard rates prescribed for positions commonly utilized in the Incident Command System structure.
 

Incident Position Matrix

(Correlating Positions in AD Pay Plan

Rates A-M with Incident Command System (ICS))

Note:  The ICS position identifiers are in the left column.

13.6 - Exhibit 01--Continued

13.6 - Exhibit 01--Continued

Exhibit 01--Continued

13.6 - Exhibit 01--Continued