Attachment 1

Reimbursable Services Questions and Answer

1. What are the regulatory or statutory references for approval/denial of voluntary reimbursable inspection services?

Statutes that require mandatory inspection:

Federal Meat Inspection Act (FMIA)
Poultry Products Inspection Act (PPIA)
Egg Products Inspection Act (EPIA)

Statutes allowing USDA, FSIS to perform certain voluntary reimbursable inspection and certification services in order to promote the marketing of U.S. agricultural products:

The Agricultural Marketing Act of 1946, as amended (AMA) Title 9 Code of Federal Regulations (9 CFR)

Regulations providing for various voluntary inspections:

311.23 (a)(2) Refrigerating Beef for Cysticercus Certification
Part 320 Records, Registration, and Reports Part 322 Exports
Part 350 Special Services Relating to Meat and Other Services
Part 351 Certification of Technical Animal Fats for Export
Part 352 Exotic Animals: Voluntary Inspection
Part 354 Voluntary Inspection of Rabbits and Edible Products
Part 355 Certified Product for Dogs, Cats, and Other Carnivora
Part 362 Voluntary Poultry Inspection Regulations
Subpart C 381.10(c)(2) Poultry Exemptions
Subpart I 381.65, 381.66 Operating Procedures
Subpart M 381.111 Export Certificates; Certification Procedures
Subpart O 381.148 Entry of Articles into Official Establishments
Part 391 Fees and Charges for Inspection Services
Part 590.136 & 590.200 Rules of Practice
Part 592 Voluntary Inspection of Egg Products

2. When are inspection services reimbursable?

Inspection services are reimbursable when the FSIS provides the services during overtime, premium, and holiday periods, or as voluntary reimbursable inspection services. Reimbursable overtime periods are times when an establishment works outside of its approved operating schedule and the inspection program personnel work outside of their regular tour of duty and are entitled to premium pay.

3. Is there a minimum charge for reimbursable services?

Yes, there is a 1/4 hour minimum charge for reimbursable services. Reimbursable charges are rounded to the nearest quarter hour (9 CFR 307.6(a) & 381.39(a)). For example, round more than seven minutes but less than 22 minutes of reimbursable services to a 1/4 hour, or round more than 22 minutes but less than 37 minutes to a 1/2 hour, and so on.

NOTE: Generally, overtime work of less than seven minutes' duration immediately following the official tour of duty, is not charged to the plant.

4. Is there a minimum charge to establishments or facilities for work performed by inspection program personnel when they are required to return to, or travel to, an establishment or facility after completing their tour of duty (including contiguous overtime) and have traveled home?

FSIS refers to this as a call back. Yes, there is a 2-hour minimum charge for a call back to perform inspection services, including reimbursable inspection services. (9 CFR 307.6(b) & 381.39(b)).

5. How do inspection program personnel document charges for reimbursable services performed for a call back?

Inspectors record reimbursable services performed for a call back on the FSIS Form 3530-5, Time and Attendance Report (T&A) and FSIS Form 5110-1, Services Rendered. The inspector will record the reimbursable services performed during a call back on a separate line of the T&A with a transaction code of "21." The inspector will complete a Form 5110-1 recording the time involved with providing the reimbursable services. The inspector is to record the time under the "Voluntary Inspection Program" section of the Form 5110-1 in the overtime/holiday time column. The inspector is to contact the DO for the proper management codes to use for documentation and charging plants for reimbursable services.

6. Can the Agency deny a request for reimbursable services, including overtime due to limited resources/personnel?

Yes, the Agency can deny any additional inspection services beyond the mandatory inspection services provided for by statute when resources are not available. However, the Agency will make a reasonable effort to provide all requested reimbursable services. Refer to 9 CFR 350.6, 352.6, 354.26, 362.4, and 592.22

7. How does FSIS define "supervised" for pet food inspection or any other reimbursable services?

"Supervised by FSIS" means that the inspection program personnel will verify compliance with appropriate regulations by observing production, reviewing plant records, performing sampling when directed, and documenting noncompliances.

8. Can FSIS charge for voluntary reimbursable services during inspection personnel's regular tour of duty? What is the basis for the charges?

Yes, inspection program personnel can charge for voluntary reimbursable inspection services rendered during their official tours of duty for services that are not mandatory under the FMIA, PPIA, or EPIA but that the AMA authorizes as reimbursable services. Examples of such services include Identification Service, Certification Service, exotic species slaughter, or Food Inspection Service.

9. How does FSIS charge for reimbursable services performed during inspection personnel's regular tour of duty?

These charges should include all of the actual time spent performing the reimbursable services, including the time to travel to and from a facility where the reimbursable service is rendered. (See Questions 11 & 12 for instructions on calculating and reporting the prorated amounts.)

10. How does FSIS charge for overtime on patrol assignments?

Charges for overtime, premium time and holiday time worked are pro-rated among the various establishments receiving the services. (See Questions 11 & 12 for instructions on calculating and reporting the prorated amounts.)

11. How do inspection program personnel calculate the prorated charges for reimbursable services performed?

The inspector will first determine the total amount of time spent performing the reimbursable services. This takes two calculations. The first calculation is to determine the amount of time required to provide the reimbursable services at the facility or establishment. The second calculation is to determine how much of the travel time (if any) is reimbursable. The following scenarios illustrate how to prorate the reimbursable service charges between or among two or more facilities or establishments.

Scenario 1 Reimbursable services performed at official establishments with equal time spent at each establishment

Two official establishments need export certificates issued, including the issuance of additional certifications that are required by the importing country (a reimbursable service). The inspector spends the entire day performing inspection duties in these two plants and needs to charge each plant the amount of reimbursable work performed that day. During the day, two hours were spent performing the reimbursable services; two hours were spent driving between the two plants; and four hours were spent performing other mandatory (nonreimbursable) inspection duties. The inspector performed reimbursable services for approximately the same amount of time at each of the two plants.

Calculation 1: Calculate the total reimbursable time.

Step 1 - The first step is straightforward, (i.e. the inspector will charge for the two hours (120 minutes) of reimbursable services performed at the plants.)

Step 2 - The second step, to determine the amount of travel time between the plants that is reimbursable, is a little more complex. First, the inspector determines the portion of the total services performed during the day that were reimbursable. Two hours spent performing reimbursable inspection services, and four hours spent performing mandatory inspection services, equals a total of six hours spent performing inspection services. That means that 2 hours of the 6 total hours (2/6ths=1/3rd) of inspection services provided were reimbursable.

Step 3 - The inspector spend two hours, or 120 minutes, on travel between the two plants. Keeping consistent with 1/3 of the time being reimbursable, of the two hours travel time, the amount of reimbursable travel time between the two plants is 1/3 of 120 minutes, or 40 minutes.

Step 4 - The total reimbursable time is 120 minutes (2 hours), plus 40 minutes travel time, or 160 minutes.

Calculation 2: Calculate the prorated amount to charge each plant

Step 5 - In this example (as indicated above), the inspector performed reimbursable services for approximately the same amount of time at each of the two plants. Therefore, the inspector charges each plant for 1/2 of the total time spent performing reimbursable services, (i.e., charge 1/2 of 160 minutes, or 80 minutes, to each plant.)

Step 6 - Round the charge to the nearest 1/4 hour. Charge each plant for 75 minutes, or 1 & 1/4 hours.

Scenario 2 Reimbursable services performed at official establishments with time spent at each establishment not equal

Two official establishments need export certificates issued, including the issuance of additional certifications that are required by the importing country (a reimbursable service). The inspector spends the entire day performing inspection duties in these two plants and needs to charge each plant fairly for the reimbursable work performed that day. During the day, two hours were spent performing the reimbursable services; two hours were spent driving between the two plants; and four hours were spent performing other mandatory (nonreimbursable) inspection duties. The inspector spent twice as much time in the first plant than in the second plant performing reimbursable services.

Calculation 1: Calculate the total reimbursable time (Steps 1-4 are the same as in Scenario 1)

Step 1 - The first step is straightforward, (i.e., the inspector will charge for the two hours (120 minutes) of reimbursable services performed at the plants.)

Step 2 - The second step, to determine the amount of travel time between the plants that is reimbursable, is a little more complex. First, the inspector determines how much of the total services performed during the day were reimbursable. Two hours spent performing reimbursable inspection services, and four hours spent performing mandatory inspection services, equals a total of six hours spent performing inspection services. That means that 2 hours of reimbursable services divided by the 6 total hours of total inspection services (2/6ths=1/3rd) of the total hours provided were reimbursable.

Step 3 - The inspector spent two hours, or 120 minutes, on travel between the two plants. The amount of reimbursable travel time between the two plants is 1/3 of 120 minutes, or 40 minutes.

Step 4 - The total time that is reimbursable is 120 minutes (2 hours), and 40 minutes travel time, or 160 minutes. Calculation 2: Calculate the prorated amount to charge each plant

Step 5 - The inspector spent twice as much time in the first plant than in the second plant performing reimbursable services. This equals three equal units of time. Two of these units are spent at plant one and one unit is spent at plant two.

The inspector will charge the first plant 2/3 of 160 minutes, or 107 minutes and will charge the second plant for 1/3 of 160 minutes, or 53 minutes.

Step 6 - Round the charge the nearest 1/4 hour. Therefore, charge the first plant 105 minutes, or 1 & 3/4 hours, and charge the second plant for 60 minutes, or 1 hour.

Scenario 3

Reimbursable services provided during the inspector's regular tour of duty that is not on the patrol assignment

An inspector is on a patrol assignment consisting of three plants. While at the first plant visited for the day, the DO assigns the inspector to travel to a pet food manufacturer to certify its pet food (a reimbursable service). The inspector completes the scheduled work at the first plant and decides to stop at the pet food manufacturer before inspecting at the second establishment because the pet food manufacturer is between the first and second establishments on the assignment. The pet food manufacturer is a 10-minute driving time off the route between the two official establishments. The inspector spends 1 & 1/2 hours at the pet food manufacturer certifying the pet food before continuing on to the second establishment on the patrol assignment. The pet food manufacturer will produce certified pet food the entire 8-hour day.

Calculation 1: Calculate the total reimbursable time

Step 1 - The first step is straightforward, (i.e. the inspector will charge for the one and a half hours (90 minutes) of reimbursable services performed at the pet food manufacturer.)

Step 2 - In this case, the second step is also straightforward. The driving time to the pet manufacturer is 10 minutes each way, for a total of 20 minutes. Calculation 2: Calculate the prorated amount to charge the plant

Step 3 - Because there is only one plant receiving the reimbursable service, the inspector charges all of the time spent traveling to and from the plant the time spent performing the service to the plant. The inspector will charge the pet food plant 90 minutes + 20 minutes, or 110 minutes.

Step 4 - Round the charge to the nearest 1/4 hour. Therefore, charge the pet food plant for 105 minutes, or 1 & 3/4 hours.

Scenario 4
Charging for voluntary inspection of exotic animals

An inspector works in a livestock establishment that slaughters and processes. The establishment slaughters cattle five days a week. Occasionally, on Fridays after completing the slaughter of cattle, the establishment slaughters buffalo (a reimbursable service). One Friday, the establishment informs the inspector that it will slaughter buffalo much of the day. After slaughtering cattle in the morning, the establishment slaughters buffalo after lunch for four hours. The inspector spends the afternoon (four hours) inspecting buffalo.

Calculation 1: Calculate the total reimbursable time

Step 1 - The first step is straightforward, (i.e. the inspector will charge for the four hours of reimbursable services performed at the establishment.)

Step 2 - In this case, the second step is also straightforward. There is not any driving, walking, or any additional time spent on reimbursable services.

Calculation 2: Calculate the prorated amount to charge the plant

Step 3 - Because there is only one plant receiving the reimbursable service and there is not any travel time to consider, the inspector charges all of the time providing the reimbursable services to the establishment. The inspector will charge the establishment for 4 hours of services.

Step 4 - In this example, do not round the charge because it falls on the 1/4 hour exactly. Therefore, charge the plant 4 hours of reimbursable services.

Scenario 5
Callback charges

An inspector arrives home after working his regular tour of duty to find a message from the DO need him or her at a nearby warehouse to certify product for export (a reimbursable service). The inspector drives 15 minutes to the warehouse to perform Export Certifications in accordance with Directives 9000.1 and 9040.1, Revision 2. It takes the inspector 30 minutes to perform the requested services and sign the certificates.

Calculation 1: Calculate the total reimbursable time

Step 1 - The first step is straightforward, (i.e. the inspector will charge for the 30 minutes of reimbursable services performed at the warehouse.)

Step 2 - In this case, the second step is also straightforward. The driving time to the warehouse is 15 minutes each way, for a total of 30 minutes.

Calculation 2: Calculate the prorated amount to charge the plant

Step 3 - Because there is only one warehouse receiving the reimbursable service, all of the time spent traveling to and from the warehouse and the inspector charges; the time spent performing the service to the plant. The total time to perform the reimbursable service is 30 minutes + 30 minutes, or 60 minutes (1 hour).

Step 4 - In this example, the charge must be at least 2 hours for a call back. Therefore, charge the warehouse for 2 hours for the reimbursable services.

Scenario 6
Overtime performed at official establishments on a patrol assignment with equal time spent at each establishment

Three official establishments plan to work past their regularly- scheduled hours of operation (a reimbursable service, see 9 CFR 307.5, 307.6, 381.38 and 381.39.). The inspector spends the entire day performing inspection duties at two of these establishments. The Frontline Supervisor assigns the inspector to another establishment working past its approved operating schedule (9 CFR 381.37 and 307.4) because its operating hours coincide with those of the two other establishments and it is in close proximity to them. Each plant works two hours past its approved operating schedule. The inspector's tour of duty corresponds with the three establishments' approved operating schedules. The inspector performs verification activities at each of the three establishments for approximately the same amount of time. The inspector spends 1/2 hour traveling among the establishments to perform the inspection activities. The inspector needs to charge each plant the reimbursable overtime services perform ed that day.

Calculation 1: Calculate the total reimbursable time

Step 1 - The first step is straightforward, (i.e. the inspector will charge for the 1 & 1/2 hours (90 minutes) of reimbursable overtime services performed at the establishments.)

Step 2 - The second step is also straightforward. Charge one-half of an hour, or 30 minutes, spent traveling among the plants.

Step 3 - The total time that is reimbursable is 90 minutes (1 & 1/2 hours), plus 30 minutes' travel time, or 120 minutes. Calculation 2: Calculate the prorated amount to charge each plant

Step 4 - Charge each plant for 1/3 of the total time spent performing reimbursable services. Therefore, charge 1/3 of 120 minutes, or 40 minutes, to each plant.

Step 5 - Round the charge to the nearest 1/4 hour. Charge each plant 45 minutes, or 3/4 of an hour.

NOTE: The inspection program employee will document, on their T & A, two hours of overtime coded as "21." The total that the establishments are charged is 2 & 1/4 hours because of rounding, and this amount is prorated among the three establishments.

Scenario 7 Overtime performed at official establishments on a patrol assignment with time spent at each establishment not equal

Three official establishments plan to work past their regularly- scheduled hours of operation (a reimbursable service, see 9 CFR 307.5, 307.6, 381.38 and 381.39.) The inspector spends the entire day performing inspection duties at two of these establishments. The Frontline Supervisor assigns the inspector to another establishment working past its approved operating schedule (9 CFR 381.37 and 307.4) because its operating hours coincide with those of the two other establishments and it is in close proximity to them. Each plant works two hours past its approved operating schedule. The inspector's tour of duty corresponds with the three establishments' approved operating schedules. The inspector performs verification activities for twice as much time at the first establishment than at the other two establishments. The inspector spends 1/2 hour traveling among the establishments to perform the reimbursable services. The inspector needs to charge each plant for the reimbursable services perf ormed that day.

Calculation 1: Calculate the total reimbursable time (Steps 1-4 are the same as in Scenario 1)

Step 1 - The first step is straightforward, (i.e., the inspector will charge for the 1 & 1/2 hours (90 minutes) of reimbursable overtime services performed at the establishments.)

Step 2 - The second step is also straightforward. Charge one-half of an hour, or 30 minutes, spent traveling among the plants.

Step 3 - The total time that is reimbursable is 90 minutes (1 & 1/2 hours), plus 30 minutes travel time, or 120 minutes.

Calculation 2: Calculate the prorated amount to charge each plant

Step 4 - The inspector spent twice as much time at the first plant than at the second and third plant performing reimbursable overtime services. This equals four equal units of time. Two of these units are spent at establishment one, one unit is spent at establishment two, and one unit is spent at establishment three.

The inspector will charge the first establishment (2/4 = 1/2 of 120 minutes), or 60 minutes. The second establishment will be charged for (1/4) of 120 minutes), or 30 minutes.

The third establishment will be charged for (1/4 of 120 minutes), or 30 minutes.

Step 5 - In this example, do not round charges because they all fall on the 1/4 hour exactly.

12. How do inspection program personnel document charges for reimbursable services performed during their regular tour of duty?

Reimbursable services performed during inspection program personnel's regular tour of duty are recorded on both the T&A and FSIS Form 5110-1. The inspector will record the reimbursable services performed during his or her regular tour of duty on a separate line of the T&A with a transaction code of "01." The inspector will complete a Form 5110-1 recording the time involved with providing the reimbursable services. The inspector is to his or her under the "Voluntary Inspection Program" section of the Form 5110-1 in the base time column. The inspector is to contact the DO for the proper management codes to use for documentation and charging plants for reimbursable services.

Attachment 2

Additional Questions and Answers Related to Reimbursable

Overtime Inspection Services

1. Under what circumstances does FSIS charge establishments for overtime inspection services?

FSIS charges for overtime services during periods when an establishment decides to work outside of its approved operating schedule, and as a result, an inspector needs to work outside of his/her regular tour of duty (either 8 hours in a day or 40 hours in a week). In this situation, the inspector is entitled to premium pay to provide the inspection services to the establishment.

9 CFR 307.4 and 9 CFR 381.37 provide that FSIS District Managers (DMs) are to take into account the efficient and effective use of inspection program personnel when approving establishments' operating schedules. FSIS expects Field Managers to make a reasonable attempt to provide coverage to establishments in the most efficient way possible. During overtime, weekend, or holiday periods, to the extent possible, field managers should create temporary overtime assignments in order to have an inspector on duty to verify operations at establishments that are conducting operations that require inspection. Inspectors prorate the time charged, including time to travel among establishments on patrol, on a fair basis to the individual establishments that work. Inspectors charge each establishment for the amount of time that they spend performing verification activities or other administrative duties at that establishment.

2. If an establishment is operating past its approved operating schedule, does the inspector that is designated to work the overtime need to remain at that one establishment during the entire overtime period?

No, an inspector may have more than one establishment operating in overtime status and cover the establishments working reimbursable overtime on a patrol basis. Inspection coverage is required when an establishment prepares product, verifies a CCP it has established in its HACCP plan, or the mark of inspection is to be applied. FSIS Field Managers will make reasonable efforts to combine inspection assignments during overtime periods in order to reduce the amount of reimbursable charges to individual establishments.

However, there may be times when an inspector covers overtime worked by a number of establishments on a patrol basis but must deal with emergent inspection concerns at one particular establishment. In such limited circumstances, the inspector may not be able to visit each establishment during the overtime period. The other establishments assigned to the inspector during the overtime patrol, however, still would be "covered" by the assigned inspector, (i.e., an establishment may continue to prepare and label product even if the inspector does not visit the establishment.) The inspector would charge the reimbursable time to the establishments based on the guidance provided for prorating overtime charges set out in Question 11 of Attachment 1. If an inspector needs to spend the bulk of his/her time dealing with an emergent inspection concern at one establishment during the overtime period, that establishment should expect to be charged the proportionate share of overtime charges.

3. If, on a given day, an inspector works overtime at a number of establishments on a patrol basis, how does the inspector charge the establishments for the reimbursable overtime?

Charges for overtime, premium time, and holiday time worked are prorated among the various establishments receiving the services. (See guidance and example scenarios provided in FSIS Directive 12,600.1, Revision 1, Attachment 1, "Reimbursable Services Questions and Answers.")

4. If an inspector in premium pay status provides inspection coverage to only one establishment, how does the inspector charge the establishment?

As stated in 9 CFR 307.4(a) and 381.37(a), "No operations requiring inspection shall be conducted except under the supervision of a program employee (Inspection Service employee)." Therefore, when inspection program personnel provide inspection coverage to only one establishment operating in overtime or premium time status, the establishment will be charged for the entire time period during which operations requiring inspection coverage were conducted.

5. What is an overtime callback situation? Can an inspector on his/her own discretion perform overtime callbacks and charge establishments for the time? Overtime callbacks are specifically defined in 9 CFR 307.6(b), which states: "Official establishments, importers, or exporters requesting and receiving the services of a Program employee after he has completed his day's assignment and left the premises, or called back to duty during any overtime or holiday period, shall be billed for a minimum of 2 hours overtime or holiday inspection service at the established rate." So, a callback situation occurs when an inspector has completed his/her tour of duty, has left the establishment, and then the establishment or facility requests additional inspection services. Establishments may request inspection callbacks directly to Inspectors-in-Charge (IIC) or his/her supervisors. Individual inspectors do not have the authority to decide on his or her own when and where to perform callback inspectio ns as reimbursable services to establishments.

6. Is there a minimum charge for overtime callbacks?

Yes, there is a 2-hour minimum charge for a callback to perform inspection services in accordance with 9 CFR 307.6(b) and 381.39(b).

7. Must an inspector that works in an overtime callback situation remain at the establishment for the entire time that the establishment operates?

Yes, during overtime callback situations, an inspector is required to remain at the establishment for the entire time that the establishment conducts operations that require inspection coverage. However, even if the establishment completes its operations in less than 2 hours, there is a minimum 2-hour charge as discussed above.

8. Are establishments subject to overtime callbacks during smoking, cooking, or chilling operations?

It depends on the establishment's processing schedule. As stated in Question 2, above, inspection coverage is required when an establishment verifies a CCP that it has established in its HACCP plan, or if the mark of inspection is applied. If a plant's verification of its CCPs occurs after the assigned inspector has completed his/her tour of duty, and there is no other inspector on duty providing inspection coverage for the plant, a smoking, cooking, or chilling operation may result in an overtime callback situation. If an establishment knows that it will need inspection coverage to verify a CCP after the assigned inspector has completed his/her tour of duty, it should inform the IIC as early as possible.

9. If an establishment cooks or chills products outside of its approved hours of operation, is it subject to overtime charges for the entire cooking or chilling cycle?

No. As stated in Question 2 above, inspection coverage is required when an establishment verifies a CCP that it has established in its HACCP plan. Thus, if a plant's production schedule causes an FSIS inspector to work beyond his/her scheduled tour of duty, the plant is subject to billing by FSIS for services rendered that resulted in the inspector being in overtime status. Conversely, if a plant schedules its processing so that it verifies its CCPs during assigned inspectors' tours of duty, no overtime charges would accrue. In some cases, FSIS supervisors are able to combine inspection assignments during overtime periods in an effort to accommodate establishments' production schedules while utilizing inspection resources in the most efficient and effective way possible. The decision to conduct operations outside of the approved operating schedule is the plant's decision. Plants should request overtime services to the IIC as early in the day as possible for overtime to be performed dur ing that workday, or prior to the end of the day if overtime services are requested for before the start of the next workday as set out in 9 CFR 307.4(d)(3) and 381.37(d)(3).

10. If an establishment cooks, chills, or otherwise processes products through a continuously monitored operation outside of its approved hours of operation, is the entire process subject to overtime charges?

No, operations such as cooking or chilling where a plant uses continuous monitoring equipment, and the use is documented in its HACCP plan and records, the entire time the process takes is not subject to overtime charges. However, inspection coverage is required when an establishment verifies a CCP that it has established in its HACCP plan. Thus, for example, if an establishment chills cooked products overnight using an automated monitoring device and verifies the chilling CCP the next morning, an inspector would need to be on duty when the plant verifies the CCP and have an opportunity to verify the CCP in accordance with 9 CFR 417.8. In this example, the inspector would not need to be on duty the entire time that the product is chilling, only when the CCP is to be verified.

11. Is preoperational sanitation inspection a required reimbursable overtime activity? Under what circumstances would an establishment be charged for preoperational sanitation inspections?

9 CFR 307.4 and 9 CFR 381.37 outline requirements for up to 8 hours of inspection service without charge. The establishment is entitled to prepare product anytime within the 8 hours of provided inspection. Normally, inspectors would not start their verification activities before the start of the establishment's approved operating schedule. Consequently, establishments are not charged overtime for preop verification if the inspector performed this during the approved 8 hours of inspection. However, in many instances, inspection program personnel perform the preop verification procedures before the start of the establishment's approved schedule because the establishment wants time to react to any findings and correct any noncompliances before the start of its production. In such cases, the establishment will be charged overtime on those days that the preoperative sanitation verifications are scheduled and performed because the inspector is working outside of his/her tour of duty, and the plant is choosing to operate outside of its approved operating schedule.

12. On Federal holidays, is travel time to and from the inspectors' homes charged to the establishments that work? Is it considered administrative time?

No, when inspectors are required to work on Federal holidays to perform reimbursable overtime inspection services, the travel time to and from the assigned establishments are neither charged to the establishments, nor considered administrative time. When FSIS employees work on Federal holidays, the Agency expects them to travel to and from the work site on their own time.

13. Is travel time related to some other reimbursable services charged to facilities that request the service?

Yes, fees shall be charged for the time required to furnish certain voluntary reimbursable inspection services, including the travel time required to provide the service (for example, fees charged including travel time in accordance with 9 CFR 350.7(c), 352.5(c), and 362.5(c)).

14. Is overtime addressed in the contract between FSIS and the National Joint Council of Food Inspection Locals (the Union)? Yes, the Labor-Management Agreement between FSIS and the National Joint Council of Food Inspection Locals does discuss overtime issues in Article 23. It states in part that if overtime is required, it is the responsibility of the inspector covering the assignment. However, the Agreement does not establish an expectation of overtime (OT) for employees, nor are FSIS employees guaranteed a certain amount of overtime. Overall, every effort is made to ensure that OT is assigned in a "fair and equitable" manner among eligible, qualified inspectors. There is not a certain amount of OT specified in the Agreement.

15. If an establishment has an approved second shift contiguous to its first shift, is the inspector that worked the first shift entitled to remain at the establishment and charge overtime until the operations that the establishment started during his/her tour of duty are completed?

No, the requisite inspection coverage will be provided by the inspectors assigned to work the approved second shift.

16. Why, sometimes, is an establishment charged reimbursable overtime when it has not operated a full 8-hour day, or 40-hour week?

As stated above, FSIS charges for overtime services during periods when an establishment decides to work outside of its approved operating schedule, and, as a result, an inspector needs to work outside of his/her regular tour of duty, either 8 hours in a day or 40 hours in a week, and is entitled to premium pay, to provide inspection services to the establishment. 9 CFR 307.4 provides that FSIS DMs are to take into account the efficient and effective use of inspection program personnel when approving establishments' operating schedules and establishing inspectors' tours of duty. FSIS expects Field Managers to make a reasonable attempt to provide coverage to establishments in the most efficient and effective way possible. There are times, however, when an establishment chooses for its own business reasons to work outside of the customary operating hours for establishments in the locale. In such cases, if an establishment requests approval of an operating schedule that is outside of the local custom, the DM in considering the efficient use of inspection resources may not be able to approve the request. Furthermore, to ensure the efficient and effective use of inspection program personnel as directed by 9 CFR 307.4, the DM may, after giving prior notice to the establishment that explains the basis for his/her action, rescind approved operating schedules and request that establishments resubmit operating schedules for approval. The DM usually will approve operating schedules for establishments that are reasonably close to the schedules of other establishments in the local area (for example within one hour), thus ensuring the efficient and effective use of inspection program personnel. There may be times, however, when an establishment has not worked 8 hours in a day or 40 hours in a week, yet works outside of its approved operating schedule. The establishment should be charged reimbursable overtime if the assigned inspector also works outside of his/her tour of duty.
17. If an establishment believes that it has been unfairly or incorrectly charged for overtime inspection services, can it appeal the inspector's decision?

Yes. FSIS regulations 9 CFR 306.5 and 381.35 provide establishments with the opportunity to appeal any inspection decisions. If an establishment believes that it has been unfairly charged for overtime inspection services, it should make an appeal to the inspector's immediate supervisor.