Attachments.pdf

DEPARTM ENT OF HEALTH & HUMAN SERVICES

MEMORANDUM

AUG -8 2013

DATE:

Aberdeen Area Indian Health Service Federal Building. Room 309 115 41/1 Ave. SE Aberdeen. SO 57401

TO: All Aberdeen Aren ivil Service Employees and Commission Corps Officers

All Contractors. Volunteer and Other Provider ·

FROM: Acting Arca Director

UBJE T: Courtesy and Respect in the Workplace Policy

The single most important thing we can offer our patients, customers and coworkers is courtesy and respect in our daily interactions.

No mailer what your job title. grade, duties or responsibilities arc. your number one job is to perform those duties and responsibilities in a manner that is consistent with the standards of conduct outlined in the Department' tanclards of Conduct, Subpat1 C - Conduct on the Job.

73 . 735-30 I Courtes and considcrati n for other . This Subpart reads as follows:

(a) An employee's conduct on the job is. in all respects, of concern 10 the federal Government.

Co1111esy, consideration. and promptness in dealing with the public must be shown in carrying out official re ponsibilities. and actions which den the dignity of individuals or conduct which is disrcspectful to others mu I recognize that inallcntion to mailer of common courtesy can adversely affect the quality of service the Department is responsible for providing.

(b) Of equal importance is the requirement that courtesy is shown in daily interaction with coworkers. Employees shal I be polite to and considerate of other employees and shall respect their needs and concerns in the work environment.

I expect each individual who works for the Aberdeen Arca IHS 10 adhere to these requirements. I expect each super i or and/or manager to hold their subordinates responsible for meeting this standard and taking appropriate corrective action when individual violate it. I also expect management lo take appropriate corrective action when first line supervisors foil to exercise their supervisory responsibilities.

While I am emphasizing only one of the sections under Subpart , I expect each supervisor and manager to become lilmiliar with the entire subpart. I also expect each supervisor to assure that anyone over whom they excrci ·c · upcrvisory control is kn wledgeable of and adhere to all aspects of the Standards of Conduct. You may acces a copy of the HI IS Standards of Conduct by following this link: htrp://ethjcs.od.nih.gov/lawreg/hhs-re. id-std.htrn#30 I

Page 2, Courtesy and Respect in the Workplace Policy

I am i suing this policy memorandum to demonstrate my commitment to assuring courtesy, respect and dignity in the work place. Eve1)1one from patienL'i, clients. cu ·tomc1s and employees have the right to expect a professional environment when they walk through the doors of any Aberdeen Area I HS facility.

·mis memomndum is to be distributed "desk to desk" with s11pc1visors assuring that each employee, otlicer, contractor ancVor oluntccr has knowledge of it and initials a copy of the memorandum. Chief Executive Officer and Division Directors arc to assme that this memomnclum is posted in appropriate places in plain sight of m1yone entering their work area.

If you have questions or need assistance. you may contact the Regional Human Resource Office Employee /Labor Relations staff by calling (605) 226-7553 .

Ron Cornel ius

DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service

Great Plains Area Indian Health Service Federal Building, Room 309 Aberdeen, SD 57401

U.S. DEPARTMENT OF HEAL TH AND HUMAN SERVICES

STANDARDS OF CONDUCT

STANDARDS OF ETHICAL CONDUCT

SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT

EMPLOYEE CERT/FICA TION

I have been provided a copy of the U.S. Department of Health and Human Services Standards of Conduct regulations which apply to all Indian Health Service Officers and Employees (5 CFR Part 2635). I have been advised that the Aberdeen Area Deputy Ethics Counselor is Acting HR Officer, Patricia Tomhave-Dodge who can be reached at 605-226-7553 if I have any questions.

I understand that it is my responsibility to read and familiarize myself with the regulatory contents. I understand that I may discuss questions or concerns related to my responsibilities, conduct and financial interests with this individual or his/her designated representative.

Employee Signature Date

PLEASE PRINT OR TYPE:

Employee Name: -------------

Title:

Location:

HHS Residual Standards of Conduct

These Standards were published in a booklet entitled "Standards of Conduct" on March 30, 1989 (45 CFR Part 73) . Subsequently, HHS published the Supplemental Standards of Ethical Conduct for Employees of DHHS which covers ethics rules and regulations. Therefore, only the following subparts and sections of the HHS Standards of Conduct remain in effect. [Please consult with the Office of General Counsel prior to taking any action based on any of these subpart/sections. Revised by OGC, 5/2/2000.]

§ 73. 735-301 -- Courtesy and consideration for others

§ 73. 735-302 -- Support of department programs

§ 73.735-305 -- Conduct in Federal buildings

§ 73. 735-306 -- Sexual harassment

§ 73.735-508(e) -- Government decisions Outside Official channels

§ 73. 735-805 -- Advice and guidance on conflicts matters

Subpart L -- Disciplinary Action (§ 73. 735-1201)

Subpart M -- Reporting Violations(§§ 73.735-1301 -- 73.735-1304)

Appendix to Part 73 -- List of Some Offenses for Which Disciplinary Action May be Taken

§ 73. 735-301 Courtesy and consideration for others.

(a) An employee's conduct on the job is, in all respects, of concern to the Federal government.

Courtesy, consideration, and promptness in dealing with the public must be shown in carrying out official responsibilities, and actions which deny the dignity of individuals or conduct which is disrespectful to others must be avoided. Employees must recognize that inattention to matters of common courtesy can adversely affect the quality of service the Department is responsible for providing. Where appropriate, courtesy to the public should be included in the standards for employee performance.

(b) Of equal importance is the requirement that courtesy be shown in day-by-day interaction with co workers. Employees shall be polite to and considerate of other employees, and shall respect their needs and concerns in the work environment.

§ 73. 735-302 Support of department programs.

(a) When a Department program is based on law, Executive Order or regulation, every employee has a positive obligation to make it function as efficiently and economically as possible and to support it as long as it is a part of recognized public policy. An employee may, therefore, properly make an address explaining and interpreting such a program, citing its achievements, defending it against uninformed or unjust criticism, or soliciting views for improving it.

(b) An employee shall not, either directly or indirectly, use appropriated funds to influence, or attempt to influence, a Member of Congress to favor or oppose legislation. However, when authorized by his or her supervisor, an employee is not prohibited from: (1) Testifying, on request, as a representative of the Department on pending legislation or proposals before Congressional Committees; or (2) Assisting Congressional Committees in drafting bills or reports on request, when it is clear that the employee is serving solely as a technical expert under the direction of committee leadership.

(c) All employees shall be familiar with regulations and published instructions that relate to their official duties and responsibilities and shall comply with those directives. This includes carrying out proper orders from officials authorized to give them.

(d) Employees are required to assist the Inspector General and other investigative officials in the performance of their duties or functions. This requirement includes the giving of statements or evidence to investigators of the Inspector General's office or other HHS investigators authorized to conduct investigations into potential violations.

§ 73. 735-305 Conduct in Federal buildings.

(a) An employee shall not participate while on Government-owned or leased property or while on duty for the Government, in any gambling activity including the operation of a gambling device, in conducting a lottery or pool, in a game for money or property, or in selling or purchasing a numbers slip or ticket.

(b) An employee shall not while in or on Government-owned or leased property or while on duty for the Government solicit alms and contributions, engage in commercial soliciting and vending, display or distribute commercial advertisements, or collect private debts.

(c) The prohibitions in paragraphs (a) and (b) of this section do not preclude: (1) Activities necessitated by an employee's law enforcement duties; (2) Participation in Federally sponsored fund raising activities conducted pursuant to Executive Order 10927, or similar HHS approved activities; or

(3) Buying a lottery ticket at an authorized State lottery outlet for a lottery authorized by State law and conducted by an agency of a State within that State.

(d) General Services Administration regulations on "Conduct on Federal Property" apply to all property under the control of the General Services Administration , and they are also applicable to all buildings and space under the control of this Department. These regulations prohibit, among other things, gambling, being intoxicated, and possession, distribution, or use of narcotic or dangerous drugs on the premises. The GSA regulations are found in Subpart 101-20.3 of the GSA Regulations, 41 CFR 101-20.3.

§ 73. 735-306 Sexual harassment.

Sexual harassment is deliberate unsolicited verbal comments, gestures, or physical contact of a sexual nature which are unwelcome. Sexual harassment is unacceptable conduct and is expressly prohibited. In addition, supervisors and managers are prohibited from taking or promising personnel actions in exchange for sexual favors, or failing to take an action because an employee or applicant for employment, refuses to engage in sexual conduct. This same prohibition applies to relationships between Department personnel who take or recommend action on a grant or contract and the grantee or contractor. Those employees who wish to file a complaint of sexual harassment should contact the Office of Equal Employment Opportunity (EEO) within their respective agencies for guidance. (Time frames for pursuing a charge alleging sexual harassment are the same as for any other complaint based on allegations of sex discrimination.)

§ 73.735-508(e) Other prohibitions.

Employees shall avoid any action whether or not specifically prohibited by this part, which might result in or create the appearance of:

(e) Making a Government decision outside official channels

§ 73.735-805 Advice and guidance on conflicts matters.

(a) Whenever an employee has a question about the appropriate course of conduct to be followed in a matter that may involve an actual or apparent conflict of interest, he or she should immediately consult with his or her supervisor or a deputy ethics counselor, or both. If a supervisor who is consulted determines that the matter warrants further consideration, he or she may, in conjunction with the employee, submit the details of the matter, in writing, to the appropriate deputy ethics counselor. These details should include a description of:

(1) The activity, relationship, or interest giving rise to the question posed by the employee;

(2) The duties or official responsibilities of the employee(s) involved;

(3) The nature of the actual or apparent conflict of interest; and

(4) Any other information that may be helpful in reviewing the problem.

(b) Upon receiving the submission of an employee or a supervisor, the deputy ethics counselor will develop any additional information about the matter as necessary, and will confer with the Department Ethics Counselor as appropriate. The Department Ethics Counselor and the head of the principal operating component or his or her designee will be informed of any serious violation of the standards of this subpart or any other conflict of interest law. Questions of first impression or other unusual matters shall be brought to the attention of the Department Ethics Counselor and the head of the principal operating component or his or her designee.

(c) On the basis of all information gathered including, where appropriate, the advice of the Department Ethics Counselor, the deputy ethics counselor will :

(1) Decide that there is no violation or potential violation of the standards of this subpart or any other law and so notify the employee and his or her supervisor in writing; or

(2) Decide that a violation or potential violation of the standards of this subpart or other law has occurred or may occur, and that the employee involved shall take one or more of the steps set forth in § 731. 735-904 to resolve the problem and notify the employee and his or her supervisor in writing; or

(3) Decide that, although no violation of this subpart or other law has occurred, the nature of the matter is such that the employee should periodically report any additional information that would require reconsideration of the initial submission.

Subpart L -- Disciplinary Action(§ 73.735-1201)

§ 73.735-1201 General provisions.

(a) Violations of the regulations contained in the Part may be cause for disciplinary action which could be in addition to any penalty prescribed by law. (For a list of some offenses for which disciplinary action may be taken and "The Code of Ethics for Government Service," the violation of which may also result in disciplinary action, see Appendixes A and B of this Part).

(b) The type of disciplinary action to be taken must be determined in relation to the specific violation.

Those responsible for recommending and for taking disciplinary action must apply judgment to each case, taking into account the general objectives of meeting any requirements of law, deterring similar offenses by the employee and other employees, and maintaining high standards of employee conduct and public confidence. Some types of disciplinary action which may be considered are:

(1) Admonishment

(2) Written reprimand

(3) Reassignment

(4) Suspension

(5) Demotion

(6) Removal

(c) Suspension, demotion, and removal are adverse actions; and when such actions are taken, applicable laws, regulations, and policies must be followed. [46 FR 7369, Jan. 23, 1981 , as amended at 53 FR 4409, Feb. 16, 1988)

Subpart M--Reporting Violations

§ 73.735-1301 Responsibility for reporting possible criminal violations. An employee who has information which he or she reasonably believes indicates a possible offense against the United States by an employee of the Department, or any other individual working on behalf of the Department, shall immediately report such information to his or her supervisor, any management official , or directly to the Office of the Inspector General. Offenses covered by the preceding sentence include, but are not limited to, bribery, fraud , perjury, conflict of interest, misuse of funds , equipment, or facilities, and other conduct by a government officer or employee, grantee, contractor or other person which is prohibited by title 18 of the United States Code. Employees and supervisors should refer to chapter 5-10 of the Department's General Administration Manual for procedures regarding the reporting and handling of such information.

APPENDIX A TO PART 73--LIST OF SOME OFFENSES FOR WHICH

DISCIPLINARY ACTION MAY BE TAKEN

Following is a list of some offenses for which disciplinary action may be taken under this Part. When a statute applies specifically to a particular offense, either wholly or in part, the statute is cited . Neither the list of offenses nor the statutory citations are all-inclusive. The "Code of Ethics for Government Service" is not cited because of its general applicability but is published in its entirety in Appendix B.

A. Concerning Efficiency of Operations in General.

1. Engaging in wasteful actions or behavior in the performance of assigned duties; conducting non-Government business during official work hours; or participating in a strike (18 U.S.C.

1918), work stoppage, slowdown, sickout, or other similar action.

2. Absence without leave, failure to adhere to the rules and regulations for requesting and obtaining leave, or improper use of sick leave.

3. Deliberate insubordination or refusal to carry out lawful orders or assignments given.

4. Disruptive behavior, such as:

a. Inflicting or threatening or attempting to inflict bodily injury on another (except for necessary defense of self or others) while on the job or on Federal premises.

b. Discourtesy, disreputable conduct, or use of insulting, abusive or obscene language to or about other individuals while on the job.

5. Sexual harassment of employees or members of the public.

6. Failure to observe precautions for safety, such as failure to use safety equipment when it is provided or ignoring signs, posted rules or regulations, or written or verbal safety instructions.

7. Unauthorized use, possession, or distribution of alcoholic beverages (5 U.S.C. 7352) or controlled substances (e.g., hallucinogens, such as LSD; stimulants, such as cocaine and amphetamines; sedatives, such as barbiturates; narcotics and other drugs or substances, such as hashish and other cannabis substances).

8. Unauthorized gambling; or canvassing, soliciting, or peddling on Government premises.

9. Failure to carry or show proper identification or credentials as required by competent authority; misuse of identification cards or investigative or identification credentials or badges.

10. Failure to disclose (i.e., report) information, when such disclosure is not specifically prohibited by law or Executive Order, that involves (a) violation of law, rule, or regulation,

(b) mismanagement or gross waste of funds or abuse of authority, or (c) posing a substantial and specific danger to public health or safety; failure to cooperate in an official Department inquiry.

11 . Failure to pay just debts, including taxes to and loans from governmental sources.

12. Deceit or interference in a Civil Service examination (18 U.S.C. 1917) or in connection with a Government personnel action.

13. Fraud or false statements in a Government matter. (18 U.S.C. 1001through1003.)

14. Supervisory failure to initiate disciplinary or corrective action when the facts are known and disciplinary or corrective action is warranted.

15. Employment of a member of an organization that advocates the overthrow of our constitutional form of government. (5 U.S.C. 7311; 50 U.S.C. 784.)

B. Concerning Government Funds, Property, Documents, and Records.

1. Actual or attempted embezzlement or theft of Government or personal money or property either directly or through use of Government documents, automated equipment, or other means; actual or attempted embezzlement or theft of the money or property of another person in the possession of an employee by reason of his or her employment. (18 U.S.C.

641 and 654.)

2. Failure to account for public money. (18 U.S.C. 643.)

3. Deliberate falsifying of official time and attendance records; improper use of official travel or forging, counterfeiting, or otherwise falsifying official Government travel records or documents. (18 U.S.C. 508.)

4. False record entries or false reports of money or securities. (18 U.S.C. 2073.)

5. Loss or misuse of or damage to Government property or endangering persons or

Government property through carelessness or by willful malicious conduct.

6. Mutilating, destroying, or concealing public records. (18 U.S.C. 2071 .)

7. Misuse of penalty (postal) privilege. (18 U.S.C. 1719.)

8. Failure to safeguard administratively confidential, financial, and trade secrets information.

9. Unauthorized use of documents presented or used to procure the payment of money from or by the Government. (18 U.S.C. 285.)

10. Unauthorized use of a Government vehicle; serious or repeated violations of traffic regulations while driving a Government vehicle or a vehicle rented or leased for official Government purposes; reckless driving or improper operation of any Government owned, rented, or leased motor vehicle. (31 U.S.C. 1349[b].)

11. Violations of the Privacy Act, including:

a. Willful prohibited disclosure of individually identifiable information in violation of 5

U.S.C. 552a.

b. Willfully maintaining a system of records without meeting the notice requirements of the Privacy Act as required by 5 U.S.C. 552a.

12. Violation of regulations concerning the release of classified information, confidential, or security and investigative information. (18 U.S.C. 798 and 1905; 21 U.S.C. 331j; and 50 U.S.C. 783.)

C. Concerning Conflicts of Interest and Related Unethical Conduct:

1. Violations of 18 U.S.C. Chapter 11 : Bribery, Graft, and Conflicts of Interest, including:

a. Having a direct or indirect financial interest (includes employee ownership of stocks, bonds, or partnership interests in an entity or employment of the employee, his or her spouse, or dependent child) that conflicts with one's Government duties because such entity is either regulated by, has or seeks to do business with the agency, or has any other particular matter with or pending before the agency that may give rise to either an actual conflict or the appearance thereof. (18 U.S.C. 208.)

b. Bribery of a public official; soliciting or accepting directly or indirectly anything of monetary value, including gifts, gratuities, favors, entertainment, or loans either as compensation for governmental services or from individuals who are seeking contractual or other business or financial relations with the Department, are conducting operations or activities that are regulated by the Department, or have interests that may be substantially affected by the performance or nonperformance of the employee's official duties; receiving salary or any contribution to or supplementation of salary from a private source as compensation for services for the Government. (18 U.S.C. 201 and 209.)

c. Acting as the agent of a foreign principal registered under the Foreign Agents Registration Act. (18 U.S.C. 219.)

2. Engaging, directly or indirectly, in a financial transaction as a result of or primarily relying on information that is obtained through one's official duties and would not be available were the employee not an employee of the Federal Government.

3. Soliciting a contribution from another employee for a gift to an official superior, making a donation as a gift to an official superior, or accepting a gift from an employee receiving less pay than oneself. (5 U.S.C. 7351 .)

4. Engaging, without required permission, in outside activities that result in or create the appearance of a conflict of interest.

5. Teaching, lecturing, or writing that depends in specific information obtained as a result of one's Government employment when that information is not otherwise available to the public.

6. Failure to obtain required clearance of an official speech or article.

7. Lobbying with appropriated funds. (18 U.S.C. 1913.)

8. Representation before a Federal agency (other than in the proper discharge of one's official duties) as an agent or attorney in a claim against the United States (or receiving any gratuity or share in any such claim in consideration for assistance given) or as an agent or attorney for anyone before any department, agency, court, or otherwise in connection with any proceeding, application, request for a ruling, or claim on any other particular matter in which the United States is a party or has a direct and substantial interest. (18 U.S.C. 205.)

(Note: This section notwithstanding, an employee may, if not in-consistent with the performance of his or her official duties, act without compensation as an agent or attorney for another person who is the subject of any disciplinary or other administrative proceeding or as an agent or attorney for one's parent, spouse, child, or any person or estate for whom or which he or she serves as personal fiduciary except in those matters in which the employee has participated personally and substantially.)

D. Concerning Prohibited Political and Election Activities.

1. Activities prohibited by 5 U.S.C. Chapter 73, Subchapter Ill, including:

a. Section 7323, "Political contributions; prohibition."

b. Section 7324, "Influencing elections; taking part in political campaigns; prohibitions;

exceptions."

2. Activities prohibited by 18 U.S.C. Chapter29, including:

a. Section 594, "Intimidation of voters."

b. Section 597, "Expenditures to influence voting."

c. Section 598, "Coercion by means of relief appropriations."

d. Section 600, "Promise of employment or other benefit for political activity."

e. Section 601, "Deprivation of employment or other benefit for political contribution."

f. Section 602, "Solicitation of political contributions."

g. Section 604, "Solicitation from persons on relief."

h. Section 606, "Intimidation to secure political contributions."

E. Concerning Prohibited Personnel Practices.

1. Commission of a prohibited personnel practice (as defined in 5 U.S.C. 2302[b] (1-11]); that is, any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, commit any of the following practices:

a. Discriminate for or against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, handicapping condition, marital status, or political affiliation.

b. Solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge or records of the person furnishing it and consists of ( 1) an evaluation of the work performance ability, aptitude, or general qualifications of such individual or (2) an evaluation of the character, loyalty, or suitability of such individual.

c. Coerce the political activity of any person (including the providing of any political contribution or service) or take any action against any employee or applicant for employment as a reprisal for the refusal of any person to engage in such political activity.

d. Deceive or willfully obstruct any person with respect to such person's right to compete for employment.

e. Influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment.

f. Grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment.

g. Appoint, employ, promote, advance, or advocate for appointment, employment, pro motion, or advancement, in or to a civilian position any individual who is a relative (as defined in 5 U.S. C. 3110) when the civilian position is in the Department or under his or her jurisdiction or control.

h. Take or fail to take a personnel action with respect to any employee or applicant for employment as a reprisal for the lawful disclosure of information.

i. Take or fail to take any personnel action against an employee or applicant for employment as a reprisal for the exercise of any appeal right granted by any law, rule, or regulation (including HHS Instructions and issuances).

j. Discriminate for or against any employee or applicant for employment on the basis of conduct that does not adversely affect the performance of the employee or applicant or the performance of others (except criminal conviction in determining suit-ability or fitness) .

k. Take or fail to take any personnel action when the taking of or failure to take such action violates any law, rule, or regulation implementing, or directly concerning the merit system principles (as set forth in 5 U.S.C. 2301).

[53 FR4410, Feb.16, 1988)

Updated: 2115113

STANDARDS OF ETHICAL CONDUCT

2635.101 Basic obligation of public service.

(a) Public setVice is a public trust. Each employee has a responsibility to the United States Government and its citizens to place loyalty to the Constitution, laws and ethical principles above private gain. To ensure that every citizen can have complete confidence in the integrity of the Federal Government, each employee shall respect and adhere to the principles of ethical conduct set forth in this section, as well as the implementing standards contained in this part and in supplemental agency regulations.

(b) General principles. The following general principles apply to every employee and may form the basis for the standards contained in this part. Where a situation is not covered by the standards set forth in this part, employees shall apply the principles set forth in this section in determining whether their conduct is proper.

(1) Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws and ethical principles above private gain.

(2) Employees shall not hold financial interests that conflict with the conscientious performance of duty.

(3) Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.

(4) An employee shall not, except as permitted by subpart B of this part, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or nonperformance of the employee's duties.

(5) Employees shall put forth honest effort in the performance of their duties.

(6) Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the Government.

(7) Employees shall not use public office for private gain.

(8) Employees shall act impartially and not give preferential treatment to any private organization or individual.

(9) Employees shall protect and conserve Federal property and shall not use it for other than authorized activities.

(10) Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities.

(11) Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities.

(12) Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, especially those-such as Federal, State, or local taxes-that are imposed by law.

(13) Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age, or handicap.

(14) Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards set forth in this part. Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts.

(c) Related statutes. In addition to the standards of ethical conduct set forth in this part, there are conflict of interest statutes that prohibit certain conduct. Criminal conflict of interest statutes of general applicability to all employees, 18

U.S.C. 201 , 203, 205, 208, and 209, are summarized in the appropriate subparts of this part and must be taken into consideration in determining whether conduct is proper. Citations to other generally applicable statutes relating to employee conduct are set forth in subpart I and employees are further cautioned that there may be additional statutory and regulatory restrictions applicable to them generally or as employees of their specific agencies. Because an employee is considered to be on notice of the requirements of any statute, an employee should not rely upon any description or synopsis of a statutory restriction, but should refer to the statute itself and obtain the advice of an agency ethics official as needed.

Special General Memorandum 95-4

(# DEPARTMENT OF HEAL TH AND HUMAN SERVICES

JUN 1, 1995

TO: Indian Health Service Employees

FROM: Director

SUBJECT: Workplace Violence

Public Health Service

Indian Health Service Rockville MD 20857

SGM 95-4

I am fully committed to ensuring that the work environment for all Indian Health Service (IHS) employees is healthy, safe, and secure from acts or threats of violence. To accomplish this, I am establishing a zero tolerance policy on Workplace Violence (WPV) that applies equally to the behavior of all employees, contractors and others with whom we work.

Our work environment must be free from all forms of violence and acts of intimidation, including harassment, threats, altercations, or assault. You are reminded that such conduct by IHS employees will not be tolerated and known incidents should be reported immediately to management officials. I expect all employees to act in a manner that is respectful and courteous to the public, as well as to fellow employees.

The IHS is not a high-risk environment for WPV, but this Agency is not immune. Many of us work in environments where the risks for violence may be higher than in the traditional office setting. I have taken this position to heighten awareness and to assist in the prevention of violent incidents at all I HS facilities. To enforce this policy through Agency management officials, staff who commit or threaten violent acts or acts of intimidation in the workplace will be subject to governing policies and procedures for addressing employee misconduct. In addition, if warranted , misconduct will be referred to local police and legal authorities for possible action.

Agency collective bargaining officials (CBO) must provide a copy of this memorandum to unions and meet existing bargaining unit obligations before implementing WPV policy. I encourage CBOs to meet with existing bargaining unit representatives to develop a strong labor-management partnership to prevent WPV.

I urge you to join me and your co-workers in actively creating and supporting a work environment that is safe, supportive, and free from WPV. These are difficult and stressful times for many of us, so awareness and early intervention are critical steps in the prevention process. If you have any questions or need assistance, please contact your local human resources staff.

/Michael Trujillo, MD, MPH/ Michael H. Trujillo, M.D., M.P.H.

Assistant Surgeon General

DEPARTMENT OF HEAL TH AND HUMAN SERVICES

JUN 12, 1995

FROM:

SUBJECT:

TO:

Assistant Secretary for Health

Violence in the Workplace

PHS Agency Heads Acting Surgeon General Deputy Assistant Secretaries for Health PHS Agency Executive Officers PHS Staff Office Directors PHS Regional Health Administrators

Public Health Service

Memorandum

Received

JUN 161995

The news media remind us almost daily that we live in an environment that is becoming increasingly more violent. Many of our employees have been exposed to violence or threats of violence in their daily lives, and a significant number are concerned about the potential for violence in the workplace. For these reasons, I believe it is important to set forth PHS policy on this subject.

Employees shall be protected as fully as possible from assaults, threats, intimidation, and harassment while at the work site. Thus, it is essential that we make clear to all PHS employees that violence, threats of violence, intimidating and otherwise similar disruptive behavior are unacceptable conduct that will not be tolerated. This policy also applies to contractors who are not employees but who work in PHS facilities.

In order to minimize the potential for violence in the workplace and to ensure that prompt corrective action can be taken when it does occur, anyone working in PHS facilities, who witnesses or becomes aware of threats or acts of violence from any source must immediately report what he/she has observed or learned to appropriate agency officials, as set forth below, and/or law enforcement authorities. Employees are also expected to cooperate fully in any subsequent investigations. We do not want employees to place themselves at unnecessary personal risk in dangerous situations;

however, we expect them to make immediate contact with an agency official who can respond appropriately, such as a supervisor, security officer, EEO or human resource officials.

In turn, officials receiving these reports are required to immediately and appropriately act upon them.

If anyone observes a violent act or a threat posing imminent danger, his/her immediate response should be to call 911. Immediately thereafter, he/she should inform his/her supervisor and the appropriate security office.

Please distribute the attached policy statement to all employees in your organization and ensure that the issue of workplace violence and this policy are discussed in staff meetings so that any questions or concerns about implementation of the policy can be promptly addressed. The implementation of a comprehensive PHS Workplace Violence Prevention Program is a priority for me, and all employees, supervisors and managers are expected to support this initiative on a continuing basis. A PHS task force, comprised of representatives of a variety of disciplines from all PHS agencies, has been convened for this purpose. The task force will develop a plan of action to address this critical issue in detail.

Our intention is to make the workplace safe where dignity, respect, and fairness are basic human rights. PHS employees, who commit or threaten to commit violent acts or acts of intimidation against anyone in the workplace, will be disciplined in accordance with governing policies and procedures for addressing employee misconduct and/or referred for action as appropriate under local and state law.

Collective Bargaining Officials should provide a copy of the PHS policy statement and this memorandum to recognized unions. Any obligation to negotiate must be satisfied before distributing or implementing the pol icy within existing bargaining units.

/Phillip R. Lee/ Phill ip R. Lee, M.D.

Attachment

U.S. PUBLIC HEAL TH SERVICE

POLICY STATEMENT ON VIOLENCE IN THE WORKPLACE

Threatening, intimidating, violent or similar disruptive behavior in the workplace is unacceptable conduct. It is the policy of the Public Health Service (PHS) that there will be zero tolerance for such acts. PHS will take appropriate action necessary to ensure that every employee has a work environment: free from threatening behavior and violence.

Date: JUN 12 1995

/Phillip R. Lee/ Phillip R. Lee, M.D.

Assistant Secretary for Health

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