**[US Forest Service Hazard Pay Issues]{.underline}**

**Forest Service employees are being abused by high ranking Forest
Service Officials who denying rightful Hazard Pay in accordance with the
Incident Business Management Guide, The Forest Service Handbook as well
as the Code of Federal Regulations.**

**Wording from Incident Bus Mgmt Guide:**

12.9-3 -- Criteria for Entitlement to Hazardous Pay Differential for
Irregular and

Intermittent Hazardous Duties. (5 CFR 550.904.) Full-time, part-time,
and intermittent GS employees are eligible for hazard pay differential
computed at 25 percent of the base rate when performing duties specified
below:

NWCG AMENDMENT 04-1 NWCG HB2, 11-13.5

EFFECTIVE 4/04 Page 24 of 40

Any member of the incident fire suppression organization is eligible for
hazard pay while carrying out assigned duties, if hazard pay criteria,
as described in 1- 4 below, is met. ...

2\. Flying. Individuals, except pilots, who are participating in limited
control

flights.

12.9-1 -- Definitions

> 3\. [Limited Control Flights.]{.underline} Flights undertaken under
> unusual and adverse conditions (such as extreme weather, maximum load
> or overload, limited visibility, extreme turbulence, or low level
> flights involving fixed or tactical patterns) which threaten or
> severely limit control of the aircraft.\"

**Wording from Forest Service Handbook 6100:**

[12.92b]{.underline} - [Duties Covered by Hazard Pay
Differential]{.underline}. Interpret the duties listed below literally,
not comparatively. The list is incomplete; a complete schedule is
available in each appointing office (FSH 6109.41\--FPM S-990-2, book
550, subchapter S9).

2\. [Flying]{.underline}. Participating in limited control flights:
Flights undertaken under unusual and adverse conditions (such as extreme
weather, maximum load or overload, limited visibility, extreme
turbulence, or low level-flights involving fixed or tactical patterns)
that threaten or severely limit control of the aircraft.

a\. To be considered a low-level flight, the mission must require
performance of a substantial part of the flight, other then landing or
taking off, at altitudes of less than 500 feet above the terrain or
vegetative canopy in daylight, or at less than 1,000 feet in mountainous
areas at night.

b\. \"Limited control flights\" are flights that require unusual flight
pattern, maneuvers, or formations that reduce the pilot\'s control of
the aircraft and increase the risk of accident. Such flights do not
include routine take-offs and landings. The nature and degree of hazard
and the control which may be exercised over the hazard, depend on the
type of aircraft and its flight characteristics.

Examples of limited control flights include: (1) Maneuvering aircraft at
low levels for the purpose of controlling forest and range fires. A very
real hazard exists from turbulent winds created by and associated with
fire updrafts and extreme temperature variations. (2) Maneuvering single
engine aircraft at low levels and low speeds for the purpose of wildlife
and natural resource surveys over rough terrain in remote regions of the
country. The hazard is possible engine failure or mechanical malfunction
that would dictate emergency landing under the worst possible conditions
(3) Performing flight patterns at low levels for the purpose of making
cargo drops and agricultural applications where there is hazard of
equipment snagging or dropped material dragging behind the aircraft.

**Wording from Code of Federal Regulations, Appendix A to Subpart I of
Part 550---Schedule of Pay Differentials Authorized for Hazardous Duty
Under Subpart I**

Flying, Participating in:

(6) Limited control flights. Flights undertaken under unusual and
    adverse conditions (such as extreme weather, maximum load or
    overload, limited visibility, extreme turbulence, or low level
    flights involving fixed or tactical patterns) which threaten or
    severely limit control of the aircraft.

**Issues**

Helicopters are utilized by the Forest Service to complete many missions
flying below 500', including the following:

i.  Aerial Ignition-PSD

ii. GPS Mapping

iii. IR Camera Ops

iv. Rappelling

v.  Recon

vi. Search & Rescue

While completing these missions the helicopter is in low level flight
involving fixed or tactical patterns. These fixed or tactical patterns
require the pilot to fly the helicopter low and slow and execute tight
downwind turns to stay with in a burn unit, fire perimeter or in the
area a search or recon is being conducted. This mission most often
occurs in areas other wise inaccessible to ground forces due to steep,
rugged terrain or lack of landing areas/lack of road access. The
missions cannot be completed except by a helicopter and crew completing
the mission within the height velocity diagram's "avoid operation" area.

While in these flight profiles, in the event of a mechanical failure or
human error which results in over grossing of the aircraft, fatalities
and/or severe injuries are sure to result.

Aerial Ignition-PSD missions Wildfire or Prescribed Fire are the epitome
of hazardous operation. Personnel conducting this mission (Pilot, Burn
Boss/Ignition Specialist and PLDO) are often flying four to eight
hours/day in low, slow tactical patterns in windy conditions conducting
burn operations. The following is from the Interagency Aerial Ignition
Training Guide which referenced the Primo Mark III (PSD) Manufacturers
Manual:

The maximum recommended speed should be 50 mph. Slow

aircraft speed to planned application speed when the firing

operation is in progress. Optimum speed is 25 to 35 mph.

The burn boss/ignition specialist gives direction to the pilot

once the firing run has begun and during the dry run to assure

correct placement of the injected spheres.

\*Recommended flight operations are between 300' AGL and

500'AGL. Some firing operations may be above 500' AGL,

but never below 300' AGL.

In order for GPS Mapping and Infrared Camera missions to be accurate
they must be done at low levels in a slow meticulous process in
generally tight tactical patterns. This mission most often occurs in
areas other wise inaccessible to ground forces due to steep, rugged
terrain, lack of landing areas and lack of road access. The time frames
for these missions vary depending upon the size of the area to be mapped
with a GPS unit and or searched with the infrared camera. Missions can
be as short as an hour to as long as 4-6 hours.

The rappel mission is conducted mainly in support of wildfire initial
attack in remote backcountry areas. Rappel may also be utilized for
emergency insertions of medical personnel to assist with injured people
and to complete project work. This mission most often occurs in areas
other wise inaccessible to ground forces due to steep, rugged terrain,
lack of landing areas and lack of road access. Wildfires are primarily
ignited by lightning. Initial attack rappel firefighters respond to
fires as soon as possible-quite often when the storm producing the
lightning is still in the area. These conditions can be very hazardous
in the event of an engine failure-whether the helicopter is single or
twin engine. The length of time for an average rappel mission
completion, from sizing up a fire, selecting a rappel site and having
rappellers on the ground and detached from rappel ropes will vary
between make and model of helicopter and number of rappellers being
deployed. It may take from as short as 10 minutes to as long as 20
minutes to complete the mission.

Recon and Search & Rescue operations are conducted utilizing the flight
profile similar to GPS & IR Missions. This mission most often occurs in
areas other wise inaccessible to ground forces due to steep, rugged
terrain, lack of landing areas and lack of road access. Length of time
spent in the hazardous flight profile is dependant upon the area to be
reconnoitered or searched as well as how quickly the person is located.
This can vary from an hour to eight hours in a day.

These identified helicopter missions meet the criteria for Hazard pay in
accordance with the Interagency Incident Business Management Handbook,
April 2004, Forest Service Handbook 6100 as well as the Code of Federal
Regulations, Appendix A to Subpart I of Part 550---Schedule of Pay
Differentials Authorized for Hazardous Duty Under Subpart I. There
should be no question as to whether employees are entitled to the
differential or not.

**Mitigation Measures**

The Forest Service Officials attempt to mitigate the chances of
accidents happening. Policy requires the use of trained and carded
Helicopter managers, PSD Operators, Pilots, and carded helicopters. Some
Regions require the use of Part 27 certificated Type III helicopters for
their exclusive use contracts due to the additional controllability
afforded these helicopters.

Some Forest Service Officials feel that "Projects" or "Planned Events"
are different than "Incidents" in regards to risk and exposure due to a
written plan being in place that makes all the Hazards disappear. The
plan is considered "good" until an accident happens.

Despite this planning accidents do happen during "planned events" as
well as during Wildfire incidents. There are some things that just
cannot be planned for and completely mitigated such as human failures or
mechanical failure. A machine does not differentiate between a project
and an Incident.

Forest Service Policy requires the use of Personnel Protective Equipment
(PPE) for all helicopter flights. Government provided PPE for helicopter
flights consist of the following items:

[Scenario #1]{.underline} [Scenario #2]{.underline}

Flight Helmet \$682.07 Flight Helmet \$682.07

Flight Suit \$104.85 Nomex Shirt \$72.43

Nomex Pants \$62.73

Flight Gloves [\$18.40]{.underline} Flight Gloves [\$18.40]{.underline}

**Total \$805.32 \$835.32**

In addition, personnel are expected to provide their own leather boots
that cost an average of \$250+/pair.

**This adds up to over \$1,000 per person in PPE for each flight!**

If there are no hazards associated with helicopter flights why does
Forest Service Policy require that Officials expend this type of money
for PPE and expect the employees to expend their personnel funds as
well?

**Past Forest Service Helicopter Accidents that support the
justification for Hazard Pay**

July 12, 1994, Gila National Forest, R3, Initial Attack

3 fatalities, 2 Injured

Unimproved landing approach-loss of tail rotor effectiveness

August 22, 2002, Rio Grande National Forest, R2, Initial Attack

Injuries-1 serious, 3 minor

Landing approach-loss of tail rotor effectiveness

March 27, 2003, N175PA Accident-Space Shuttle Recovery Efforts

2 Fatalities, 3 injured-Pilot & Observers

Mechanical Failure

March 10, 2005, Sabine National Forest, R8, PSD Operations

3 Fatalities-Pilot, Ignition Specialist, PSD Operator

Human Error

**Hazard Pay is justified for the above Flight Missions in accordance
with:**

**5 CFR 550.904**

**Incident Business Management Handbook 12.9-1 -- Definitions, 3.**

> **[Limited Control Flights]{.underline}**

**Forest Service Handbook 6109.11-92-1**