(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.

SOURCE: Added by P.L. 20-110:4.

———-

COL120106

COL120106