Guam § 32120 - Hazardous Pay.

§ 32120. Hazardous Pay.

Any government of Guam employee who, in the line and scope of his

or her employment:

(a) Is required to enter a site where a suspected hazardous substance

exposure, as defined by § 32101(b)(4) of this Chapter, has occurred, either

to make inspection, investigation or assist in securing the area; or

(b) Is required to assist a person or person suspected to have been

exposed to a hazardous substance defined by said § 32101(b)(4); or

(c) Is required to medically test a person or persons who is suspected

to have been exposed to a hazardous substance defined by said §

32101(b)(4);

and it is determined that an exposure did in fact take place, regardless of

whether the site is owned or operated by the government of Guam, shall not

be eligible for compensation as provided in § 32114 of this Chapter.

However, said employee is entitled to apply for, and shall receive,

hazardous pay in the amount of ten percent (10%) of the employee's hourly

wage rate for the time spent at the exposure site, or expended in the testing

or examination of a person suspected to have been exposed when and if it is

determined that an exposure did take place. Written notification that an

exposure occurred shall be provided by the Department to the Division of

Occupational Safety and Health, which shall then inform in writing the

affected employee and the Chief Officer, Director or Administrator of the

employee's agency. Nothing in this Section shall preclude said employee

from applying to the Commission for compensation where medical injury,

disability or death has been determined.