RD Instruction 2063-G

PART 2063 - EMPLOYMENT RELATIONS AND SERVICES

SUBPART G - LEGAL ASSISTANCE TO EMPLOYEES

§ 2063.301 [General]{.underline}.

The Office of General Counsel (OGC) may advise USDA, including Rural
Development, when an employee is involved in an accident or other
incident related to their official duties.

§ 2063.302 [Action required]{.underline}.

A report must be made to the employee's supervisor when an employee is
involved in an accident involving property damage or injury to persons,
and such accident occurred on account of an act or omission arising
within the scope of the employee's duties.

\(a\) [Automobile and other accidents]{.underline}.

\(1\) In the event of an automobile or other type of accident involving
personal injury or damage to the property of a third person, occurring
within the scope of employment of a Rural Development employee, a full
report should be directed without delay to the employee\'s superior.
Rural Development will in turn notify the appropriate OGC office so that
the interests of the United States, if appropriate, can be protected.

\(2\) Notification of an accident must include the names of the persons
involved, the amount and nature of any property damage or injuries, the
location, time and cause of the accident, and any other relevant
information.

\(b\) [Notification procedure]{.underline}.

\(1\) Field employees must report to the head of their field
organization (for example, in the states it would be the State
Director), who will in turn report to the appropriate OGC office and the
Director, Support Services Division (SSD), National Office.

\(2\) National Office employees must report through official supervisory
channels to the Director, SSD, who will in turn report information to
OGC.

DISTRIBUTION: WSAL EMPLOYEE RELATIONS AND SERVICES

LEGAL ASSISTANCE TO EMPLOYEES

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RD Instruction 2063-G

§ 2063.302(b) (con.)

\(3\) See RD Instruction 2018-G for accidents involving Government-owned
vehicles, RD Instruction 2042-B on tort claims and accidents involving
third parties, and RD Instruction 2069-B on matters involving employee
injuries.

§ 2063.303 [Definitions]{.underline}. \[Reserved\]

§ 2063.304 [Inventions by employees of the Department]{.underline}.

Generally, the Government is entitled to rights in any invention of a
Government employee which is directly related to the official duties of
that employee, was made with a Government contribution, or was made
during working hours. For more information on reporting requirements,
the respective rights of the Government and the employee, and the
determination of those rights, refer to Title 37 of the Code of Federal
Regulations, Part 501, "Uniform Patent Policy for Rights in Inventions
made by Government Employees."

§ 2063.305 [Assault of Rural Development employees]{.underline}.

Any assault, intimidation or threat of Rural Development employees in
their official capacities should be reported to local law enforcement
authorities and the Office of Inspector General.

\(a\) [Actions by employees]{.underline}. Any Rural Development employee
who is threatened with bodily harm or assaulted during the performance
of official duties may have the personal right to pursue both criminal
and civil action, but must report such incidents through proper channels
within Rural Development.

\(b\) [Injury compensation claims]{.underline}.

\(1\) An employee who is injured while performing official duties may
receive compensation for medical expenses and loss of wages under the
Federal Employees Compensation Act (FECA), administered by the Office of
Worker Compensation Programs (OWCP), Employee Standards Administration,
U.S. Department of Labor.

\(2\) The injured employee may contact his or her personal attorney
regarding any right that employee may have against a third party.

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RD Instruction 2063-G

§ 2063.306 [Limitations on legal advice]{.underline}.

Legal assistance provided to employees by OGC attorneys and by attorneys
employed by the Department of Justice is limited to that advice and
those actions necessary and appropriate to protect the interests of the
United States, and does not include personal legal advice to such
employees.

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