Whether federal employees who work in close proximity to individuals infected with virulent biologicals are entitled to hazardous duty pay under the regulation requiring such pay for work 'with or in close proximity to' virulent biologicals

QUESTION PRESENTED The Hazardous Duty Pay statute provides that a federal employee is entitled to a pay differential “for any period in which he is subjected to physical hardship or hazard not usually involved in carrying out the duties of his position.” 5 U.S.C. § 5545(d). Implementing regulations provide an “agency shall pay” hazardous duty pay differentials to employees who are assigned to perform specific enumerated duties, 5 C.F.R. § 550.904, including “working with or in close proximity to” virulent biologicals, 5 C.F.R. Pt. 550, Subpt. I, App. A. The question presented is: Under the regulation requiring hazardous duty pay for federal employees who work “with or in close proximity to” virulent biologicals, are federal employees who work in close proximity to individuals infected with virulent biologicals entitled to hazardous duty pay when such exposure is not usually involved in carrying out the performance of their regularly assigned duties? (i)