Executive Order 12573—Amending Executive Order No. 11157 as It Relates to Incentive Pay for Hazardous Duty

By the authority vested in me as President of the United States of America by Section 301(a) of Title 37 of the United States Code, and in order to further define duties involving exposure to toxic pesticides and to define an additional category of hazardous duty, it is hereby ordered as follows:

Section 1. (a) Executive Order No. 11157 of June 22, 1964, as amended, is further amended by adding at the end of subsection (h) of Section 109 of Part I, the following sentence:

"The use of solid fumigant formulations, such as aluminum phosphide, magnesium phosphide and calcium cyanide, in the outdoor control of burrowing animals does not qualify a member for incentive pay under this subsection."

(b) Executive Order No. 11157 is further amended by adding at the end of Section 109 of Part I, the following new subsection:

"(j) The term the handling of chemical munitions for components of such munitions)' shall be construed to mean duty performed by members as a primary duty which routinely requires (1) direct physical handling of toxic chemical munitions incident to storage, maintenance, testing, surveillance, assembly, disassembly, demilitarization, or disposal of said munitions; (2) direct physical handling of chemical surety material, as defined by the Secretary concerned, incident to manufacture, storage, testing, laboratory analysis, detoxification, or disposal of said material; (3) direct physical handling of toxic chemical munitions incident to technical escort of shipments of said munitions; (4) direct physical handling of chemical surety material, as defined by the Secretary concerned incident to technical escort of shipments of said material. The term does not include the handling of the individual components of binary chemical agents or munitions. The term does not include user handling incident to loading, firing, or otherwise launching the toxic chemical munitions nor field storage operations during hostilities. The term also excludes the handling of Research, Development, Testing and Evaluation Dilute Solutions of toxic chemicals as defined by the Secretary concerned. It also excludes the handling of riot control agents, chemical defoliants and herbicides, smoke, flame and incendiaries, and industrial chemicals. The entitlement to the pay provided for in this subsection is based upon the performance of such duty that has the potential for accidental exposure to chemical agents and not upon actual quantifiable exposure to such agents. Therefore, neither the construction of the term nor the receipt of pay provided for in this subsection may be construed as indicating that any person entitled to such pay actually has been exposed to chemical agents contrary to the provisions of any statute, executive order, rule, or regulations relating to the health and safety which is applicable to the uniformed services."

Sec. 2. The amendment made by this Order to Executive Order No. 11157 relating to chemical munitions shall be effective as of October 1, 1985. The amendment made by this Order to Executive Order No. 11157 relating to highly toxic pesticides shall be effective immediately upon signature.

RONALD REAGAN

The White House,

November 6, 1986.

[Filed with the Office of the Federal Register, 11:49 a.m., November 7, 1986]