**CHAPTER 400 - INVESTIGATIONS**

**(400)-90** **[Occupational Health and Wellness]{.underline}**

1.  [Overview.]{.underline}

This section includes the following information related to Occupational
Health and Wellness:

-   [Health Improvement Program](#HIP)

-   [Responsibilities](#Responsibilities)

-   [Occupational Exposure to Bloodborne
    Pathogens](#OccupationalExposuretoBloodbornePath)

-   [Confidentiality and Record Keeping](#ConfidentialityRecordKeeping)

The realization of the value of a healthy workforce was initially
recognized by the US Congress in 1946 with the passage of Public Law
79-658, Title 5 U.S.C. § 7901, which authorized agencies to establish a
health service program to promote and maintain the physical and mental
fitness of their employees.

The President's Council on Integrity and Efficiency (PCIE) also
recognizes that due to the nature of a Special Agent's (S/A\'s) job,
there is a need for established physical requirements and recommends
that agencies assist these employees by providing fitness programs for
them. This PCIE physical capabilities guideline has been incorporated
within two areas of TIGTA\'s Occupational Health and Wellness Program:
the Health Improvement Plan (HIP) and Occupational Exposure to
Bloodborne Pathogens (BBP's).

90.1.1 [Acronyms
Table.](../../acronyms-table/acronyms-table.doc#AcronymsTable)

90.2 []{#HIP .anchor}[Health Improvement Program.]{.underline}

The HIP is designed for all TIGTA S/A\'s. The objectives of the HIP are
to improve and maintain the fitness level of S/A\'s and to encourage
life-style changes to increase productivity and decrease disability
within the workforce. Proper fitness conditioning for S/A\'s is
essential to enable them to meet the physical demands of their law
enforcement duties.

The HIP consists of three parts:

-   Part I mandates yearly health and medical screenings for all S/A\'s.

-   Part II requires participation of all S/A\'s in periodic fitness
    assessments.

-   Part III of the HIP is voluntary and encourages S/A\'s to engage in
    approved health and fitness improvement/maintenance program
    activities. It grants approval to use official time while performing
    HIP activities.

HIP participation by TIGTA S/A's is voluntary. However, S/A's may not
use official time to perform HIP activities (Part III) without obtaining
yearly health and medical screenings (Part I) and participating in
periodic fitness assessments (Part II).

It is the responsibility of every HIP-participating S/A, supervisor and
HIP Coordinator to abide by the rules established for the HIP in order
to ensure that the program is safe and mutually beneficial to S/A\'s and
TIGTA. In addition, all records associated with the HIP program will be
maintained in accordance with provisions of the Privacy Act.

90.2.1 [Medical Screening/Clearance.]{.underline} Each HIP-participating
S/A will undergo an initial and annual medical screening that will be
coordinated by trained TIGTA HIP Coordinators and conducted by medical
personnel with Federal Occupational Health (FOH) or a personal
physician. The required medical screenings will include at a minimum:

-   Health history questionnaire

-   Blood analysis

-   Blood pressure check.

Anyone not meeting the minimal medical screening criteria is considered
at high risk and will be denied participation in Part III of the HIP
until medical clearance from a physician is obtained. In such case, a
FOH physician will make a determination whether or not an individual
should participate in a fitness \"starter program.\"

S/A's with cardiovascular signs or symptoms, cardiovascular/pulmonary

disease, or diabetes will be required to have an exercise treadmill
electrocardiogram (EKG)/stress test.

Successful completion of the medical screening process will be
documented and maintained by the HIP Coordinator.

90.2.2 [Fitness Assessments.]{.underline} After medical
screening/clearance is obtained, each S/A will undergo an initial
fitness assessment conducted by the HIP Coordinator or other designated
fitness assessor. This assessment measures:

-   Blood pressure

-   Heart rate

-   Aerobic capacity

-   Flexibility

-   Muscular endurance

-   Strength

-   Body-fat composition.

The TIGTA HIP requires that prior to participation in the program, the
following S/A\'s will automatically be referred to a physician for an
initial medical examination:

-   All males 40 years and older;

-   All females 50 years and older;

-   All individuals with two or more major coronary risk factors,
    cardiopulmonary symptoms, pre-existing heart or lung disease, or
    diabetes.

All S/A\'s will undergo periodic medical examinations. The frequency of
physical examinations will be determined by the HIP Coordinator, in
consultation with FOH, based on the S/A\'s placement into one of
following categories:

-   Apparently Healthy - Will be referred to a physician for clearance
    every 5 years.

-   Higher Risk - Will be referred to a physician for clearance every 3
    years.

-   With Disease - Will be referred to a physician for clearance yearly.

Fitness assessments are required of all medically cleared S/A\'s on an
annual basis.

If an individual is unable to participate in a scheduled fitness
assessment because of a temporary injury, he/she will, after a
rehabilitation period, attempt to participate in subsequent fitness
assessments.

90.2.3 [Guidelines for Official Time.]{.underline} S/A\'s are authorized
3 hours per week of official time to engage in approved fitness
activities, whether during the normal workday or before or after duty
hours or weekends. Of the allotted 3 hours, S/As may take no less than ½
hour and no more than 1½ hours on a single day. There is no accumulation
of unused hours; therefore hours cannot be carried over from week to
week.

S/As who use official time during their regular tour of duty shall
obtain pre-approval from their managers and keep them informed as to
their location. Managers should make efforts to allow for participation
in the HIP.

Approved fitness activities engaged in outside of regular tour of duty
hours may be recorded as official time for the purposes of Law
Enforcement Availability Pay (LEAP).

Compensatory time or overtime will not be utilized for fitness
activities.

Official time for fitness activities cannot be taken on days in which
all other hours are recorded as leave.

S/A's not on LEAP (i.e., employees engaged in the Special Agent Part
Time Employment Program (SAPTEP)) may only use HIP time during their
official tour of duty hours. See [Chapter 600, Management Services,
Section
70.22](../../../../../../../../I:/chapter600-ms/600-70/chapter600-70-22.doc)
of the TIGTA Operations Manual.

90.2.4 [Authorized Program Activities.]{.underline} Authorized physical
fitness activities for the HIP are those recognized by TIGTA for
coverage under the Federal Employees Compensation Act (FECA) during the
3 hours of official time authorized per week. S/As are not covered under
FECA when performing these activities while in a non-pay status. The
following are the fitness activities authorized:

-   Brisk Walking

-   Jogging

-   Running (stationary or outdoor)

-   Cycling (stationary or outdoor)

-   Cross-country Skiing

-   Treadmill

-   Stair Climbing/Stairmaster

-   Elliptical cross-training machine

-   Rowing

-   Swimming

-   Aerobic Classes

-   Rope Skipping

-   Basic Weight Training (no free weights)

-   Isotonic Calisthenics

-   Flexibility Exercises

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-   Racquetball

-   Squash

-   Handball

-   Singles tennis

    3.  []{#Responsibilities .anchor} [Responsibilities.]{.underline}

        1.  [National HIP Coordinator Responsibilities.]{.underline} The
            National HIP Coordinator is responsible for the overall
            management of the TIGTA HIP and its budget as well as all
            the duties expected of a Contracting Officer's Technical
            Representative (COTR). These duties of the National HIP
            Coordinator include:

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-   Submitting by the 10^th^ of each month, an estimate of all HIP and
    BBP related expenses for the preceding month to the appropriate
    Senior Budget Analyst, Operations Division

-   Reviewing and auditing all invoices from vendors such as FOH for
    accuracy and advise vendors of any discrepancies

-   Acting as liaison between vendors, including contracted
    psychologists, HIP Coordinators, BPD, Contracting Officers and
    TIGTA-OMS, as needed

-   Tracking fitness-for-duty exams ordered by Assistant Inspectors
    General for Investigations (AIGI's)

-   Tracking pre-placement exams ordered by OMS

-   Maintaining list of HIP Coordinators and training each Coordinator
    has received

-   Coordinating training for HIP Coordinators

-   Maintaining and updating the list of TIGTA S/A's and their
    respective local and divisional coordinators and ensure vendor for
    HIP has current list

-   Managing the BBP Program, including Exposure Control Plan

-   Advising OI web-page coordinator of changes to HIP or BBP Program

90.3.2 [Divisional HIP Coordinator Responsibilities.]{.underline} The
Divisional HIP Coordinator is responsible for duties that include, but
not limited to:

-   Ensuring that S/A's with their respective division have all medical
    information submitted to and tests conducted by FOH, to include any
    Hepatitis B vaccinations, are completed by June 30 of each year

-   Maintaining updated list of local HIP Coordinators and the
    HIP-participating S/A's within their division and advising the
    National HIP Coordinator of changes

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-   Acting as primary contact for his/her respective division with FOH
    personnel

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-   Advising National HIP Coordinator of any divisional issues
    concerning the HIP or BBP

90.3.3 [Local HIP Coordinator Responsibilities.]{.underline} The local
HIP Coordinator is responsible for providing employees and management
with necessary materials and guidance for the administration of the
program. A local HIP Coordinator is assigned to each group within
TIGTA-Office of Investigations (OI). Within each division, the
Divisional HIP Coordinator is also a local HIP Coordinator of his or her
group. The HIP Coordinator is also responsible for, but not limited to:

-   Ensuring that all medical screenings and assessment results are
    received which show the S/A is approved to participate in the HIP

-   Arranging blood analyses for employees and retaining copies of
    medical screening results

-   Ensuring that S/A's have all medical information submitted to and
    tests conducted by FOH completed by June 30 of each year. This
    includes Hepatitis B vaccinations. See text
    [90.4](#OccupationalExposuretoBloodbornePath) of this section for
    additional information concerning the BBP.

-   Administering or arranging the annual fitness assessments

-   Maintaining all fitness/medical information for all S/As\' in a
    locked, secure file cabinet or safe, and complying with the
    provisions of the Privacy Act

-   Documenting time spent on above activities in the Performance and
    Results Information System (PARIS) Time Report, Activity Code 81-HIP
    Coordinator Duties

90.3.4 [Supervisor Responsibilities.]{.underline} Each supervisor\'s
responsibility includes, but is not limited to:

-   Discussing the HIP with each S/A and ensures S/A\'s keep him/her
    informed of the location and time of fitness activities during the
    workday

-   Ensuring that HIP time is properly documented in the PARIS Time
    Report, Activity Code 82-HIP Approved Individual Activities, and
    that not less than 30 minutes and not more than 1.5 hours of
    official time is claimed on one day, and not more than 3 hours is
    claimed in one week

-   Identifying and discussing with S/A\'s when official duties will
    preempt pre-approved HIP activities

90.3.5 [Special Agent Responsibilities.]{.underline} Each S/A\'s
responsibility includes, but is not limited to:

-   Undergoing initial and periodic medical screenings and physical
    assessments;

-   Notifying local HIP Coordinator of any changes to health that may
    affect current level of participation in the HIP. Note: Some
    conditions, such as pregnancy, may require a note from a personal
    physician that specifies activities the S/A is able to continue;

-   Participating in annual fitness assessments;

-   Ensuring his/her manager is informed of his/her location during
    participation in approved health and fitness activities during a
    regular tour of duty;

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-   Documenting HIP activities in the PARIS Time Report utilizing
    "Activity Code 82-HIP Approved Individual Activities," and entering
    the specific HIP activity conducted (e.g., Brisk Walking, Running,
    Weight Training) in the Comments Section of the PARIS Time Report;
    and

-   Ensuring that not less than 30 minutes and not more than 1.5 hours
    of official time is claimed on one day, and not more than 3 hours is
    claimed in one week.

90.4 []{#OccupationalExposuretoBloodbornePath .anchor}[Occupational
Exposure to Bloodborne Pathogens.]{.underline}

On December 6, 1991, the Occupational Safety and Health Administration
(OSHA) published regulations concerning the protection of employees from
exposure to blood or other potentially infectious materials, [29 C.F.R.§
1910.1030](http://a257.g.akamaitech.net/7/257/2422/20cot20031500/edocket.access.gpo.gov/cfr_2003/julqtr/29cfr1910.1030.htm).
This OSHA regulation applies to all employees who may receive
occupational exposure to blood or other potentially infectious materials
in the course of their duties.

For employees with occupational exposure as defined in the regulations,
TIGTA is required to:

-   Establish an Exposure Control Plan and Exposure Determination for
    employees with an occupational exposure.

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-   Provide training in accordance with the OSHA standards.

-   Maintain medical and training records.

90.4.1 [Occupational Exposure Determination.]{.underline} OSHA defines
employee occupational exposure as, "reasonably anticipated skin, eye,
mucous membrane, or parenteral contact with blood or other potentially
infectious materials that may result from the performance of an
employee's duties.\"

Employees at increased risk need to be included in special programs
designated by the OSHA Bloodborne Pathogens Standard including special
training, issuance of personal protective gear, i.e. gloves and eye
protection, and voluntary immunization for Hepatitis B (HBV).

Generally, the normal duties of S/A\'s involve no exposure to blood or
body fluids, however their employment may require the occasional
performance of tasks that could result in exposure to blood, tissues,
and bodily fluids including:

-   Arrests

-   Searches Pursuant to Arrest

-   Execution of Search and Seizure Warrants

-   Interviews Involving Potentially Hostile Individuals

-   Escorting Prisoners

Employees located at the Forensic Science Laboratory (FSL) holding the
following job classifications involve exposure to blood or body fluids
and their employment may require the occasional performance of tasks
that could result in exposure to blood, tissues, and bodily fluids:

-   Series 1397 - Forensic Document Examiner

-   Series 072 - Latent Specialist

-   Series 344 - Management Assistant

-   Series 343 - Program Analyst

-   Series 1811 - Criminal Investigator

The tasks FSL staff may be required to perform include but are not
limited to:

-   Examination, documentation, collection and packaging of crime scene
    evidence.

-   Creation of graphics demonstration materials for court, training,
    briefings

-   Crime scene processing.

-   Providing first aid and/or cardio-pulmonary resuscitation (CPR)
    assistance.

All other TIGTA employees not listed above are considered to have normal
duties which generally do not involve exposure to blood or body fluids
and their employment generally does not require the occasional
performance of tasks that could result in exposure to blood, tissues,
and bodily fluids.

90.4.2 [Exposure Control Plan.]{.underline} The OSHA Bloodborne
Pathogens standard requires an agency with an employee with an
occupational exposure to create a written Exposure Control Plan.

The Exposure Control Plan contains specific elements such as:

-   The Exposure Determination that includes a list of job
    classifications in which employees have occupational exposure and a
    list of tasks or procedures in which occupational exposure occurs.

-   Methods of compliance for exposure prevention.

-   Methods of implementing voluntary vaccinations and post-exposure
    evaluation and follow up.

-   Communication of hazards to employees

-   Record-keeping requirements.

A copy of the Exposure Control Plan must be accessible to employees and
updated at least annually by the National HIP Coordinator or when
necessary to reflect revised tasks and procedures which affect
occupational exposure. A copy of the Exposure Control Plan can be found
on the Investigations\' web page.

90.4.3 [Hepatitis B Review and Vaccination.]{.underline} HBV is a virus
which affects the liver and is transmitted by exposure to blood and
other potentially infectious materials. The virus that causes Hepatitis
B infection is transmitted in various bodily fluids (e.g., blood, urine,
and saliva). It is most often transmitted in contaminated blood
products, and via needle puncture wounds. HBV continues to be the most
critical occupational hazard for persons exposed to blood or other
potentially infectious materials.

There is a preventative HBV vaccine for treatment of personnel both
prior to and after exposure to the Hepatitis B virus. The first two
doses are given one month apart, and the third dose five months after
the second. Protection for normal, healthy adults and children given HBV
vaccine is believed to last at least seven years.

The HBV vaccination must be made available to all employees
occupationally exposed to blood or other potentially infectious
materials.

Law enforcement personnel and others whose duties are to perform tasks
involving contact with blood or blood-contaminated body fluid should be
vaccinated. However, vaccinations are voluntary.

An employee may opt for a post-exposure vaccination, which is reported
to be as effective as a pre-exposure inoculation.

Timely post-exposure management may be considered rather than routine
pre-exposure vaccination for law enforcement and other personnel whose
exposure to blood or other potentially infectious materials is
infrequent.

90.4.4 [Bloodborne Pathogen Training.]{.underline} Upon determination
that an employee is likely to have occupational exposure to blood or
other infectious materials, the regulations require TIGTA to provide:

-   Appropriate training

-   Counsel prior to or upon receipt of the inoculation

The OSHA Bloodborne Pathogen Standard requires initial training with
annual updates for employees who are at increased risk for bloodborne
pathogen exposure.

90.4.5 [Additional OSHA Requirements.]{.underline} The OSHA regulations
also contain requirements for:

-   Post-exposure evaluation

-   Follow up

90.4.6 [Costs.]{.underline} TIGTA will pay all costs for S/A\'s and
other TIGTA personnel performing duties determined to be "at risk" to
blood or other potentially infectious materials for necessary services
including all medical evaluations and procedures, HBV vaccination,
vaccination series, and post-exposure evaluation and follow up
evaluations.

Divisional HIP Coordinators will ensure that S/A's have all medical
information submitted to and tests conducted by FOH completed by June 30
of each year.

The National HIP Coordinator will submit an estimate of all HIP and BBP
related expenses for the preceding month, to the appropriate Senior
Budget Analyst, Operations Division by the 10^th^ of each month.

90\. 5 []{#ConfidentialityRecordKeeping .anchor}[Confidentiality and
Record Keeping.]{.underline}

Fitness and medical information is subject to the provisions of the
Privacy Act and will be maintained in a secure manner. The local HIP
Coordinator must maintain all fitness/medical information in a locked,
secure file cabinet or safe.

90.5.1 [Confidentiality.]{.underline} HIP Coordinators will have access
only to information needed to administer the program. This will include
the health history questionnaire (HHQ), blood analysis, fitness
testing/medical certification form and results of fitness assessments.

HIP Coordinators are not authorized to disclose fitness information
about an individual to anyone except other HIP staff and FOH personnel.

All medical records will be kept confidential and not disclosed or
reported to any person within or outside TIGTA without the employee\'s
written consent except as authorized by a law.

90.5.2 [Record Keeping.]{.underline} HIP Coordinators (National,
Divisional, and Local) who have the responsibility of maintaining
records will do so as follows:

-   Copies of statistical summaries, reports, and papers pertaining to
    S/A HIP activities are to be maintained for two years after the
    fiscal year they were reported in and then destroyed. See guidance
    outlined in National Archives and Records Administration (NARA)
    General Record Schedule (GRS) #1, Section 22, Statistical Summaries.

-   Copies of medical records related to occupational exposure or
    bloodborne pathogens are to be maintained until the employee
    separates from TIGTA. Only then will they be removed to another
    facility (new agency or the National Personnel Records Center
    (NPRC), St. Louis, MO. See guidance outlined in 5 C.F.R. § 293.511
    and GRS #1, Section 21, Employee Medical Folder.