(a) General. A claim under this part is allowed for tangible personal property of a type and quantity that was reasonable and proper for the employee to possess under the circumstances at the time of the loss or damage. In evaluating whether a claim is allowable, the EPA Claims Officer may consider such factors as: The employee's use of the item; whether EPA generally is aware that such items are used by its employees; or whether the loss was caused by a failure of EPA to provide adequate protection against the loss.
(b) Examples of claims which are allowable. Claims which are ordinarily allowed include loss or damage which occurred:
(1) In a place officially designated for storage of property such as a warehouse, office, garage, or other storage place;
(2) In a marine, rail, aircraft, or other common disaster or natural disaster such as a fire, flood, or hurricane;
(3) When the personal property was subjected to an extraordinary risk in the employee's performance of duty, such as in connection with an emergency situation, a civil disturbance, common or natural disaster, or during efforts to save government property or human life;
(4) When the property was used for the benefit of the government at the specific direction of a supervisor;
(5) When the property was money or other valuables deposited with an authorized government agent for safekeeping; and
(6) When the property was a vehicle which was subjected to an extraordinary risk in the employee's performance of duty and the use of the vehicle was at the specific direction of the employee's supervisor.
(c) Claims for articles of clothing. Claims for loss or damage to clothing and accessories worn by an employee may be allowed where:
(1) The damage or loss occurred during the employee's performance of official duty in an unusual or extraordinary risk situation;
(2) The loss or damage occurred during the employee's response to an emergency situation, to a natural disaster such as fire, flood, hurricane, or to a man-made disaster such as a chemical spill;
(3) The loss or damage was caused by faulty or defective equipment or furniture maintained by EPA; or
(4) The item was stolen even though the employee took reasonable precautions to protect the item from theft.
(d) Claims for loss or damage to household items.(1) Claims for damages to household goods may be allowed where:
(i) The loss or damages occurred while the goods were being shipped pursuant to an EPA authorized change in duty station;
(ii) The employee filed a claim for the damages with the appropriate carrier; and
(iii) The employee substantiates that he/she has suffered a loss in excess of the amount paid by the carrier.
(2) Where a carrier has refused to make an award to an employee because of his/her failure to comply with the carrier's claims procedures, any award by EPA will be reduced by the maximum amount payable for the item by the carrier under its contract of shipment. Where an employee fails to notify the carrier of damages or loss, either at the time of delivery of the household goods or within a reasonable time after discovery, any award by EPA will be reduced by the amount of the carrier's maximum contractual liability for the damage or loss. The employee has the burden of proving his/her entitlement to reimbursement from EPA for amounts in excess of that allowed by the carrier.
Title 40 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.