9.2.2  Physical Fitness Program

Manual Transmittal

April 22, 2011

Purpose

(1) This transmits revised IRM 9.2.2, Physical Fitness Program.

Material Changes

(1) Subsection 9.2.2.2.2(4) has been added to emphasize that special agents are not allowed to use government-owned vehicles (GOVs) on weekends, holidays or while on leave to drive to a workout facility/area.

Effect on Other Documents

This IRM supersedes IRM 9.2.2 dated January 6, 2011. This IRM also incorporates procedures implemented by the Chief, CI's guidance memorandum dated October 26, 2009 [Subject: "Charging Hours for Physical Fitness Program Activities to Law Enforcement Availability Pay " ].

Audience

CI

Effective Date

(04-22-2011)

Terry L. Stuart for Victor S. O. Song
Chief, Criminal Investigation

9.2.2.1  (05-18-2005)
Overview

  1. Effective March 31, 1993, participation in a Criminal Investigation (CI) Physical Fitness Program (PFP) became mandatory for all GS-1811 special agent personnel. All special agents must undergo medical screening and, after receiving a medical clearance, must also participate in fitness assessments. Additionally, while not mandatory, all GS-1811 special agents are strongly encouraged to engage in an approved health and fitness improvement program. Physical Fitness Program Guidelines are found in the Physical Fitness for Special Agents Handbook. The following topics are covered in this section:

    • Authorization

    • Guidelines for Accounting for Exercise Time

    • Authorized Program Activities

    • Responsibilities

9.2.2.2  (01-06-2011)
Authorization

  1. Internal Revenue Manual (IRM) 9.1.4, Criminal Investigation Directives (see Directive No. 3 - Use of Government Owned Vehicles) authorizes the use of a government-owned vehicle to travel to a physical fitness facility during official duty hours. Criminal Investigation Directive No. 5 - Physical Fitness Program, establishes participation in the PFP.

9.2.2.2.1  (01-06-2011)
Criminal Investigation Directive No. 5 - Physical Fitness Program

  1. Proper physical fitness conditioning is essential for a special agent’s ability to meet the physical demands of their law enforcement duties. The benefits of this program are also personal to the participants and may reduce coronary heart disease risk factors, stress, and related conditions. It encourages lifestyle changes that increase productivity and decrease disability.

  2. All special agents must participate in the PFP.

  3. Each head of office will establish and support the PFP for all special agents in his/her office. Each Special Agent in Charge (SAC); Director, Field Operations; and the Chief, CI, is responsible for executing a three-part PFP:

    1. Part I - mandates an annual medical screening consisting of a Health History Questionnaire (HHQ), height, weight, blood work for a lipid profile and glucose screening, blood pressure, a baseline Electrocardiogram (EKG) followed by an EKG every 5 years beginning at age 40, blood lead screening, and an optional audiogram.

    2. Part II - mandates special agent participation in annual fitness assessments of flexibility, strength, and aerobic capabilities.

    3. Part III - strongly encourages special agents to engage in an approved health and fitness improvement program. Physical fitness coordinators are available to provide guidance for a fitness improvement program. This part is not mandatory.

  4. Special agents who are medically cleared for PFP will be allowed up to 3 hours of work time per week for approved fitness activities. Agents may also participate in PFP outside of scheduled duty hours and may charge time to Law Enforcement Availability Pay (LEAP) hours. The total number of compensated PFP hours may not exceed 3 hours for the week. Designated fitness coordinators will maintain and local management will review records of time used for fitness activities.

9.2.2.2.2  (04-22-2011)
Use of Government-Owned Vehicles - Physical Fitness Program

  1. Special agents are authorized to drive a government vehicle during official duty hours, to a fitness facility to participate in the PFP (see IRM 9.1.4 (Directive - No. 3)).

  2. Special agents are authorized to use the government-owned vehicle during core-hours on a scheduled workday, provided they go directly from their workstation to the workout facility/area and then return to the workstation, work-related event, or to their residence.

  3. Special agents are allowed to use a government-owned vehicle to drive to a workout facility before or after a scheduled workday as an extension of the core-hour day. This is allowed provided the special agent goes directly from his/her residence to the workout facility/area and then to the workstation (mornings) or directly from the workstation to the workout facility/area and then to his/her residence or back to the workstation (evenings).

    Note:

    Questions regarding the reasonableness of the distance between the workout facility/area and residence or workstation should be addressed to local management for clarification.

  4. Special agents are not allowed to use GOVs on weekends, holidays or while on leave to drive to a workout facility/area.

9.2.2.3  (01-06-2011)
Guidelines for Accounting for Exercise Time

  1. Special agents medically cleared to participate in PFP are authorized up to 3 hours per week of work time to engage in approved fitness activities. The following guidelines apply:

    1. There is no accumulation of unused clock-time hours. (Hours cannot be carried over from week to week).

    2. Fitness activities cannot be claimed as hours of work on full days of leave.

    3. Agents may not receive compensatory time in lieu of overtime, compensatory time for travel, compensatory time for religious observance, nor regularly scheduled overtime for physical fitness activities. Agents may charge the time to LEAP.

    4. No more than 1 and 1/2 hours of exercise time can be charged to a workday unless authorized by the SAC.

  2. Special agents working a part-time schedule are authorized to engage in approved PFP activities and to record the exercise time as duty hours. The following formula will be used to calculate allowable official time chargeable to PFP:

    (Part-time hours/40) X 3 = allowable PFP hours
    (rounded to nearest whole number)

9.2.2.3.1  (01-06-2011)
Fitness Activity Logs

  1. Each participant who uses duty hours for fitness activities will maintain a fitness activity log and record the fitness activity, date, time, and duration of official and personal fitness time. Participants will forward the log directly to the PFP coordinator within 5 workdays of the end of each month on a monthly basis. Form 9839, Fitness Activity Log, is utilized for this purpose.

9.2.2.4  (01-06-2011)
Authorized Program Activities

  1. For purposes of coverage under the Federal Employees Compensation Act (FECA), the Department of Labor (DOL) only recognizes physical fitness activities authorized by the employing agency. When examining claims under FECA, the DOL will compare the activity/activities on which the claim is based against the agency’s approved activity list to determine whether the claim may be covered under FECA. The DOL does not establish an approved list of activities for each governmental agency; instead, the DOL allows each individual governmental agency to establish its own list of approved activities for its employees.

  2. Approved activities are those that address one or more of the following three areas of fitness:

    1. aerobic/cardiovascular endurance

    2. strength training

    3. flexibility

  3. The following activities are authorized as fitness activities for PFP:

    1. brisk walking

    2. jogging

    3. running

    4. cycling

    5. cross-country skiing

    6. stair climbing

    7. rowing

    8. the use of fitness equipment related to items (a) – (g) (such as treadmills, stationary bikes, etc)

    9. swimming

    10. rope-skipping

    11. skating

    12. aerobic exercises (such as aerobic classes, calisthenics, etc.)

    13. strength/resistance exercises (such as weight training, including the use of free weights, calisthenics, etc.)

    14. flexibility exercises (such as stretching, yoga, etc.)

    15. racquetball

    16. squash

    17. handball

    18. singles tennis

  4. Activities not listed are not part of this program and may not be covered by the FECA.

9.2.2.5  (02-09-2005)
Responsibilities

  1. The following subsections cover the responsibilities of the PFP coordinator, the supervisory special agent (SSA), and the special agent.

9.2.2.5.1  (01-06-2011)
Physical Fitness Program Coordinator Responsibilities

  1. The role of the PFP coordinator includes providing special agents and management with necessary materials and guidance for the administration of the program.

  2. Each PFP coordinator is required to successfully complete the Federal Law Enforcement Training Center's (FLETC) Law Enforcement Fitness Coordinator Training Program (LEFCTP) or the Cooper Clinic Physical Fitness Coordinator Training Program. While other training may be acceptable, it must be approved in advance by the National Use of Force Senior Analyst at the National Criminal Investigation Training Academy (NCITA).

  3. The PFP coordinator is responsible for the following:

    1. Tracking the PFP clearance status of each employee in CASOnline and notifying Comprehensive Health Services (CHS) when an employee has not received a medical screening packet 60 days prior to his/her PFP clearance expiring.

    2. Reviewing and signing the participant's monthly fitness logs and retaining these reports on file. Review should ensure that fitness activities listed on the log conform to program guidelines.

    3. Notifying management of the date, time, and location of the annual fitness assessments and make-up dates to ensure maximum participation.

    4. Informing management when a special agent fails to attend a scheduled medical screening appointment or fitness assessment.

    5. Notifying the Medical Review Officer (MRO) of any changes in an employee’s medical or physical condition that may effect participation in PFP.

    6. Considering safety factors during all aspects of fitness testing, and program development, and administration in an effort to eliminate liability and prevent injuries.

    7. In addition to the MRO, identifying possible health risk factors.

    8. Maintaining necessary certification in basic life support (CPR).

    9. Reviewing annually the procedure for recognizing and treating injuries caused by heat or over-exertion.

    10. Knowing and properly using the Rest, Ice, Compression, Evaluation, Stabilization or Support (RICES) treatment for injuries.

    11. Thoroughly documenting all exercise-related accidents or injuries.

    12. When possible, taking corrective action to prevent future accidents and/or injuries of a similar nature.

    13. Checking each piece of fitness testing equipment to ensure that it is in safe working order before each use and before it is returned to storage.

  4. The PFP coordinators are encouraged to attend the basic first aid course offered by the National Red Cross (or its equivalent).

9.2.2.5.2  (01-06-2011)
Supervisory Special Agent Responsibilities

  1. Each SSA is responsible for:

    1. Ensuring that special agents have been approved to participate in a health and fitness improvement program. This includes ensuring that all medical screening and assessment results indicate that the participant meets all necessary criteria.

    2. Discussing the program with each participant to determine an anticipated fitness schedule for pre-approval and ensuring participants keep management informed of the location of fitness activities during the workday.

    3. Identifying and discussing with special agents, as situations arise, when official duties will pre-empt pre-approved fitness program activities.

    4. Periodically reviewing fitness logs of participants for completeness and adherence to approved program activities.

    5. Ensuring that compensatory time or overtime is not utilized for official time fitness activities.

    6. Ensuring compliance with all safety guidelines.

    7. Upon notification of an injury, will review the facts and circumstances ensuring the appropriate workman's compensation forms are timely filed and consult with their servicing Labor/Employee Relations Specialist, as needed, and determine the appropriate action (i.e., short-term or temporary restricted duty (TRD).

9.2.2.5.3  (01-06-2011)
Special Agent Responsibilities

  1. Each special agent is responsible for:

    1. Participating in the CI-PFP, including Part I (medical screening) and Part II (physical assessment and mandatory training sessions).

    2. Notifying the PFP coordinator and manager of any changes in his/her medical or physical condition that may effect participation in the PFP. The information will be provided to the PFP coordinator for forwarding to the Medical Review Officer.

    3. Ensuring the SSA is informed of his/her location during participation in Part III (approved health and fitness activities) on official time.

    4. Ensuring that monthly fitness logs are maintained and submitted on a timely basis.

    5. Ensuring compliance with all safety guidelines.

    6. Obtain management approval if unable to participate in any scheduled fitness assessment or mandatory training session.

    7. Ensuring official time for physical fitness activities does not negatively impact on official duties.

    8. Promptly notifying management of any injuries sustained during PFP activities (during official and non-official duty hours) and preparing all necessary workman’s compensation forms.


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