GUIDELINES GOVERN WHAT CAN AND CANNOT BE DONE IN OPERATION OF EMPLOYEE HEALTH/FITNESS PROGRAMS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00375R000400110041-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 63
• Document Creation Date: December 15, 2016
• Document Release Date: October 24, 2003
• Sequence Number: 41
• Content Type: REQ

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OGC Has Reviewed
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FORM USE PREVIOUS GPO : 1981 0 - 345-783
55_75 1 Q i EDITIONS
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M AA
3. AUTHORITY
a. Bureau of the Budget (OMIB) Circular A-72.
*b. Public Law 91-596, Occupational Safety and Health Act of
.1970, as amended.
C. Executive Order 11612, Occupational Safety and Health"Pro--
grams for Federal Employees.
d. Public Law 79-658,,5 U.S.C. 7901.
e. 31 U.S.C. 483a.
f. FPM Chapter 792, Federal Employee Occupational Health
Programs.
4. DEFINITION
Occupational medicine is devoted to the maintenance and improve-
ment cif the health of employees with emphasis on the prevention,
diagnosis, treatment, and care of illnesses and injuries caused
or aggravated by the work environment. This includes studies
directed toward a better understanding of the causes and -
mechanisms of prevention and care as related to the NASA employee
population. -
5. PC-LlCY
*a. Program Orientation. Employee health programs shall reflect
the requirements of the population they are to serve. The
*Changed by this revision
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Strict legislative guidelines govern what can and cannot be done
in relation to the operation of employee health/fitness programs
within the Federal Government.
Section 7901(a) of Title 5, United States Code, provides that:
The head of each agency of the Govern_r:^:ent of the United
States may establish, within the limits of appropriations
available, a health service program to promote and main-
tain the physical and mental fitness of employees under
his jurisdiction.
Such programs may be established by contract or other rise and
are limited to certain constraints, a.rriorg them that they be preventive
programs relating to health. " (5 U. S. C. ? 7901):
Circular Number A-72 from. the Office of Management and Budget
(June 18, 1905) states:
The health and fitness of Federal employees for efficient
performance. of their assigned work is an important element
in a progressive personnel management system and in effec-
tive administration of Federal programs. The head of each
department and agency, therefore, will review. esting pro-
grams and i:-, authorized and encouraged to establish .an
occupational health program to deal constructive'y with the
health of the employees of his department or agency in
relation to their work. -
Regulations of the General Services Administration (GSA) favor the
concept of funded, inter-agency health/fitness programs to maximize
existing facilities. The GSA "Guidelines for Establish=Went of Physical
' l _
Fitness Facilities in Federal Space, " published in __ t,?e ~ Federal Register,
(Vol. 43, No. 233 - ?Monday, December 4, 1978) states:
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"most. . . requests (for the establishment of small in-house
physical fitness facilities) are denied on the grounds that
these facilities are too costly for the limited number of
employees that would use them or because there is no specific
program that assures long term use. . . however GSA recog-
nizes. . . a concern for the physical v; ell-being of Federal
employees and . . . has developed guidelines, for the
establishment of physical fitness facilities within . . .
federally controlled space. (Emphasis supplied)
These "guidelines" require, among others:
.A medical orientation, including screening procedures,
de
individualized exercise programs, i nti.-; 1_cat~i_.,ro_. of od_ high-
risk individuals, and appropriate folio nap acti;hies;
. Provision for the establishment of a professic naT staff
which wo'ild work under the supervision of the nedical
unit;
. An approach which will consider key health behavior
related to degenerative disease, including smoking and
nutrition;
Provision for equal opportunities for men. and women,
and all full-time employees, regardless of grade level.
Only large highly organized programs with extensive space and sufficient
exercise equipment can. meet these specifications.
The United States Department of Heath and HT..m a_n Resources states
in its publication Forward Plan for Health FAT 1972-82 August 1876):
Last year's Prevention Theme stressed the importance of
physical fitness and encouraged places of work to provide
facilities and time for employees to participate in individual
and group physical fitness activities.
The experience of the President's Council confirms that such
on-the-job programs of regular, vigorous exercise can make
an important contribution to the health, well-being, and pro-
ductiviLy of worK ng people Z le reducing the human., and
financial cost of physical degeneration.
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There has been an encouraging growth of such programs
in public agencies and private companies throughout the
country.
Since authority exists for Federal agencies to promote and
maintain the physical fitness of their employees, the PHS
strongly supports the Council's recommendation that all
branches and departments of the Federal Government
provide their employees with time and --acilities. for
regular, vigorous physical activities. (Ephasi s supplied)
The Policy Statement of the President's Council on Physical Fitness
and Sports, Physical Fitness Program for Federal Employees
(October 23, 1973) says:
It is hereby recommended by the PresicientTs Council on
Physical Fitness 2nd Sports that heads of agencies-in the
Federal Government recognize the importance that the
contributions of regular exercise can make to job per-
fo r, ance as well as employee health and do whatever (is)
in their power to make provisions for Federal employees
to participate in either on-the-job exercise programs or
exercise programs after duty hours. Exercise rooms,
showering and dressing facilities should be provided
wherever feasible.
The President of the. United States, in his Executive Order 11807
of September 28, 1974, stated that:
.As the nations's largest employer, the Federal Government
has a__ special obligation to set an example for all employees
by providing for a safe and healthful ,orking environment for
its employees.
In an address given at the National Conference on Physical Fitness
and Sports for All (February 1, 1980), the President said:
I consider organized physical fitness and the programs
associated with them to be the best possible in,~estrnent
in American health. Everything w-e o to =make Americans
more physically fit pays off handsomely . . . it cuts
medical bills, it helps our people to 'Live longer, and it
adds to the quality of each day of life gnat we live.
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Today (2/l/80) I am directing Governor Apodaca and the
President's Council on Physical Fitness to do several
things that might enhance the results that we h= ve already
achieved with this great program, to take a number of ,
steps to upgrade our nation's physical fitness program
(among them) to urge all employers through personal
messages from me . . . to make facilities available for
employee fitness programs, (and) to encourage all Federal
departments and agencies to support physical fitness
programs . (emphasis supp lied)
Governor Apodaca knows that I am very eager to give him
all the backing he needs in carrying t these steps and
particularly in the Federal Governr-nent.
As a matter of policy, stated by the ecutive Order 11491, as amended,
the Federal Gover_-ament recognizes that the vreil-being of employees acid
the efficient administration of Government are benefited by providing
employees with an opportunity to partici~ ate in t =e formulation and
implementation of personnel policies and practices affecting the conditions
of their employment including presentation cf its (sic.) -,,n eN=;-s to the
executive branch, the Congress, or other appropriate authority. It is
therefore well Within the legal authority of individual employees interested
in improving and maintaining a high level of hea'hfii_~ness, through i an
agency sponsored and endorsed on-site program,. to organize and present
their views.. to management.
Sedentary office routines are a serious occupational health problem
whose predictable consequences include cardiovascular disease, low back
problems, premature aging, hypertens n, and chronic fatigue. Morbidity
and mortality statistics indicate that premature disabilities are now more
common among office workers and 'executives than policemen and firemen.
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Habitual inactivity has been identified by the U. S. Public Health Service's
Forward Plan as a "serious national health problem" dire ctly-- related to the
alarming rates of coronary heart disease, hypertension, obesity, lower back
problems, and other muscular difficulties.. Though much remains to be
learned, the Public Health Service believes that the available evidence is
inclusive: fitness is an inexpensive, effective answer to the health problems
of sedentary living.
The human and pecuniary costs of unfitness are staggering. Outlays
for insurance benefits, sick 'Leave, and disability paw- eats constitute 2
large portion of Government personnel costs. The hidden costs of chronic
fatigue, absenteeism, avoidable health problems, and premature retirements
are equally great. Absenteeism alone costs the Executive branch more than
24 million work days and $1. 1 billion every year.
In an 18-month, $175, 000 study, (ending November 1, 1978) the U. S.
Chamber of Commerce found that employee health costs were rising at
t,J; ice the rate of wages, and that they will double in five years and,
quadruple in ten years. Their first and foremost reccm.-mendation to
employers seeking cost containment strategies was the establishment of:
Physical fitness programs among -employees,long with
nutrition and health screening efforts. 1
1
Alice Bonner, "Employers Urged to Wield Health-Cost Clout",- the
Washin on Post, November 1, 1978, n. p.
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According to Ammunition, a publication of the United Automobile
Workers, medical care costs have risen by 700% in .he past twenty
years - from $78 per person annually to $-:;-!-17. This is twice the
increase in the rate of inflation for the same period, with doctor's
fees rising 49% faster and hospital charges 105 o faster than other
consumer items. In the past ten years, hospital care costs have
tripled to an average $113 per day now, from $37, with the cost of an
average hospital stay now at $885. 2
By acting now, the Federal Government can point the way for all employers
while contributing to the health and well-being of r '--a-e than 2.5_ million men
and women in the federal service. The recommendation that health/fitness
programs be set up in the workplace , novel as it may appear, is
only an extension of the Nation's historic colm~mitmez~tt to occupational
health, a commitment most recently affirmed by the 'Occupational
Health and Safety Act of 1970.
"Authority for the transfer of money between ager:cies for the proivision
of health/fitness programs and services exists under 31 U. S. C. 686
Purchase of supplies, equipment or services by one government bureau
or department from another government bureau or department).
2
World of Work Report, Work in America Instit-.=te, Inc.,
October, 1977, p. 119.
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Any executive department or independent establishment of
the Government, or any bureau or office thereof, if funds are
available therefor and if it is determi-d by the head of such
executive department, establishment, oureau, or office to be
in the interest of the Government so to do, may place orders
with an y other such department, estab i ishment, bureau, or
office for materials, supplies, equipment, work or services,
of any kind that such requisitioned Fe=_ral agency may be i_5 a
position to supply or equipped to render, and shall pay promptly
by check to such Federal agency as mG ? be requisitioned, Upon
its written request, either in advance or upon the furnishing
or performance thereof, all or part of the estimated or actual
cost thereof as determined by such department, establishment,
. .
bureau, or office as may be requisitioned
(31 U. S. C. ? 686 (a) ). (Emphasis supplied).
Amounts paid as provided in subsectic _ (a) of this section shall
be credited, (1) in the. case of advance oayments, to special
working funds, or (2) in the case of payments other than advance
payments, to the appropriations of funds against -which charges
have been made . . . . (31 U. S. C. ? 6c6 (b) ).
Legislation exists which extends liabi lty coverage to employees
participating in an in-house Government sponsored health/fitness program.
The general guidelines for liability in the workplace indicate that any
Government employee acting within the scope of his/her employment would
be ~zovered by the Federal Employees Compensation Act ( ECA), for injuries
sustained during participation in such activities when the healthffitness
program comes within the scope of employ-, ent. The ECAB stated in
.Stephen M. Greenleigh, 23 ECAB 53 (1971"), that the Proper legal
criteria to be used are correctly set forth Larson, W-Vor im an s
Compensation Law:
Larson states that (health/fitness) activities are in the course of
employment when:
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(1) They occur on the premises during a lunch or recrea-
tion period as a regular incident of the employment; or
(2) The employer, by expressly or i .oliedly requiring -
participation, or by Making the activity part of the services
of an employee, brings the activity within_ the orbit of the
employment.
(3) The employer derives substantial direct benefit from
the activity beyond the intangible value of improvements in
employee health and morale that is co:--r-non to all kinds of
recreation and social health.
Larson, in discussing the principles and cases upon which the three
tests are based, states'that these are - -
three independent links . . . by which recreation (health/
fitness) can be tied. to the employment, and if one is founds,
the absence of the others is not fatal.
With respect to the time and place of t'_e health/f_;,ness activity,
Larson comments,
when seeking for a link by which to connect an activity with the
employment, one has gone?a long way as soon as one has rlaced
the activity physically in contact with the employ-=ent errviron-
ment, and even further when one has associated the time of the
activity somehow with the employment.
Where this is the situation, -
the exact nature and purpose of the activity itself does not
have to bear the whole load of establishing work connection,
and consequently the employment-co-section of that nature
and purpose does not have to be as conspicuous as it other-
-Vise might.
Precedent has even been established within the Federal Government
for the granting of administrative leave time to indiL ideals fog- the express
purpose of participating in an author _zed anti officially recognized
he it
fitness program. Law Enforcement Assistance Administration Instruction
Number 1 1460. l(e) (September 30, 1973) for example states:
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It MATz.tT99
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 ADUINISTRA IV.E -- IIN.TZRNAL USE ONLY
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NEW BUILDING
PHYSICAL FITNESS CENTER
MEETING AGENDA
OBJECTIVES
Review Background
Report Current Status
Consider Possible Alternatives
Determine Next Step
Legal Distinction
Recreation
Physical Fitness
Past Efforts
Present Facility
New Building Plans
POSSIBLE ALTERNATIVES
No Facility
Small Facility
Large Facility
Gymnasium
Swimming Pool
Indoor Track
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STAFFING CONSIDERATIONS
Attendant Only
Qualified Instruction
Medically Supervised
FACILITIES
Shower/Locker Room
Individual Exercise
Indoor Track
Competitive Exercise (Handball)
Gymnasium
Sauna - Whirlpool
Swimming Pool
T 'Y'
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23 July 1981
NOTE FOR: OP Budget & Fiscal Officer
Judy,
You asked that I give you estimates of needed additional 'non-office
space" in connection with the planning of the new building. The following
are my recommendations for the areas that we discussed.
Barbershop -- No additional space needed.
EAA Store -- Additional 500 sq. ft.
Present space is just adequate for current number of
shoppers and storage/stock space is insufficient. If potential
customers is sizably increased, present Store could not handle.
(Intent is to have one store 500 sq. ft. larger than the
present store.)
Fitness Room --
Present space and facilities are not adequate for the number
of people who are currently in Headquarters Building and make
use of the Fitness Room. Equipment provided is minimal and
locker and shower facilities are taxied beyond capacity.. In order
to accommodate all employees in present Headquarters Building and
those. who will occupy new building for minimal activities
presently provided, an additional 2,000 sq. ft. would be required.
itT it is intended to provide for a complete fitness facility
s i coil ar to that incorporated in the new FBI building, a special
study should-be made to properly adress space needs and type of
t.?cilities to be provided. In this regard, it should be noted
that a former DDCI and former DCI have reco. r^ended that such
e\panded indoor facilities be included in future building plans.
'[lie FBI facility includes a full-size basketball g asium, handball
room, other small rooms with weight lifting and exercise equipment,
Mn's and women's showers and locker rooms, sauna, and whirlpool
ba th.
Chief, Benefits and Services. Division
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 13 JAN 1978
o
LI.... y ..t':`...i,i. :3: .._... ,o... _..Y__.. ,f _-'-L;i ~.. ^k k'-' A,?; 4:=
Phase II st1 ork . 3~ :I~' i and y ^ii' r < O.ts TI ; e I ~.r
I/ ( .
or 2~
a j-.5 i wJ~~'i %.\?
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.t~~'w "1. T1 #r .,t j q li . /S.. fi. t 3 wry De .s e !;t y~ ..-?i .v L o? A r ? fo. G '.' ! .3 J c~j
VIA: 21/ t'A . ~E~.. r g a 'i aa
Acting i oputy ; ,rector for ...__'Ynis
,a.
Director of Logistics
S U B J C..'T i.%::. S... s1 yb .lt2-.i. ~. S'.,?.. t)r at.,- ':~ on Pro .s `GfseL's 3.. .:.
t:?.re _a. ty0.1a1 I`aci3, L ? 3,3.'-'?
~.td Jul 7: to ~': ? r
~3.b.9.`for Pi yssica
vs 4.d.LU?+~ 4. ..' `:i3. .ai. and,: c r eat
(()L 7 ( 35653)
pro `' 1. The background i .formation yo`a i ^=k.::? .'?.;s. tt~~ _?g-
4 7i V;3 V L: :,I CIAJy recreaL.ioaal facility construction is i'-`clu seer
as At i{J~. .acimeut A for your ififoA _:* 6i*n
2. The rej~. rent recoi .ended that th . t>r , -_-.. be split
into t''iroo Phases S' ? 1'ce first C.L>d4J provided or a a`ry..`..}t ,y X71 access g; +c rca'JIA
and a pa. king lot. i'_~Q sec:- , prase 3, r vii .. or a foott~ all/
soccer ield, a softball field, a to
Yish4 ~.+s ..~ Court. Lr
i uc 'ira.i ^+St,i3.9 ~. o h3o 3. '. ^ .+w,J at :gib
r
future s ec '.d d at , iJr x'1i'>eS '-.,-L s v a
.s.
Mold, four t r its co`'~(arts '.r` .`z :? ~ s
pri
ni ,t'1tti"w"i use of iawilities. A e ... >~.c t s tile
pro eyed locations of .,t -aUii ties, t..e a>'Aa? aed h ses,
and new esti at. d costs i _cljd _= as The
casts shown for P ha sG 11 t.ry s -hti cd in
tio i~.+.i.erouL ui.'F.. arc `.96ri_I, w i t ii i n 3 - ~; ,- t '`S ~s` Y e
+..~.ts 4.. Y,s loi.z k.~.
3. Ap3.iro riated ,:' ..{:mss L-4 x.. nA ?k at
ai ? .~S o Y'a F,j L ia- ,~. %}, `v to
p ro
'r~ a
i'ky?I
e COn
r..r ss. the proposed t nn ~.s court fl ."s. en
o r,
tssoss ;xeat aad Q atio
'~~.37~~a~ A~~ +-~ ~:.tc.+ k3. G.ti;ru~':;~ T13~`i^.tba with 't?-
anal L ozzi5msi'3Y t''iion ~~3 ~a,.- .r ~' gta s Z.?e re
q, -u r
wto do not ant cj a S that,- Vile s t I it . ~r be t"m
t' ..
'a-Cause t .i. 1 rc rr. 9w ?. ,~ - to s ?.-
ii) :. .5, tYre can # n ,,**yy o:''yY e ice. %ac'-opepe he 'fros '
.? .ily ?J 4Y .~ r:.I=:_> :i.s the
one Of the FBI which provides a large g;:i?.nasiiti?, supc -r'i- iC:e
excrcl.sC`. and. a variety of specialized ecjuiprent__ ?l:11-ir g he
planning of their new building they stressed the to )re:-
vide for the physical conditioning of their special agnat
personnel and they were able to justify the use of cf;iis: der
able space and funds for this purpose. Or gini'L [a?C:r =:.lso
t1C LU.r ed (1. i r? ~.0(Y!' S'., Li? but 1t,
US d
of appropriated funds s:;i::. `1 I1_ tt.: i ` r
most organizations have had to rely on employee associat i cans
to provide recreational opportunities and benefits for their
employees . In order to develop non-appropriated funds for
such activities the associations have engaged in a vide
of enterprises. Attached is a copy of a 1974 CAO repo:. on
space allocations by Federal agencies to el:_~~loy sse iatjon
which details some of these activities. At that rime t iel
were about 200 employee associations in 32
reported over $34 million in annual gross revenues. These
associations were viewed as an important means a f enhancing
the effectiveness of Federal employees. The thrust of the
report was, hotever, that GSA should develop a uniform 1)oI -i_cy
and guidelines since the use of Federal space and services
without charge by revenue-producing, associ,t.ions could he
regarded as not being in accordance with the in ren t of Titl e
V of the Independent Offices Appropriation Act- As a result
of the report GSA developed draft policies and procedures
which required the payment of fair rental value for a najor-
ity of non-Federal activities. This caused co isi.d :~ able
concern particularly with regard to cafeterias and the wwhole:
ratter was eventually turned over to 0MB. It is not T,11c) :I1
at this t isle ,Tether OMB :?fill issue a policy on
.01? Wit at rOrsI 3. `i. ight take
5. 1?1 addit'.i0I1 t0 reiribursement for sna'ca
Cis _soci at-on- are being required to assume
r -
t11C I )c'?:,Ol1St:1 costs. :l, Aildli t S t
ass ipnman L of J-) U = Staff eiupio~ ees to ! e -u `11i;
Id: 0CC ii.-is the ma i.. ter under cons.id, ration ~t. Lhl7.= ti...
O:u justification has been based u.lpon seenri.t-v Lt -C
C( _derat1O?is o:11:1.ch necessitate careful guld; nce and CG:; r ._"'_i 7. f >' it: ty ?.'?;.
3. It, in
In an areal cJ i.mss`. 0
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Assistant Da
p*aby bizectorfldiniatration
General Cour-e ..
16 November 1951
II3apor p i~:? r:~~ 1a3 3 1.?ttea
4 r
1. Dr _rqP*or_za. t4m prgp a , --
of u1 . pro t*d Yar of t A3 for r
=ration facia.
Itiaa, a na17 rho on t ba.pr b b-z r 7e tk;e follcrr.
ingt
2:. Vtxoll? of
31 U.S.C. 628 aa_dj the ndi of f'ut for the purc1 z e
or rantal. of :~ : ? io 3 . o sari or, ta)o mat ' -s ceb-:
Listing to r e tion .. tsuperii31on.' 7tm use of funds for Vrhi3 pur-
pose has. -n ,d $ ti_ its s , the .da.& of. ch faci t?oa at
the bas4, c itance n'os the b e d'the c1o3eat g blic facilities:
or.the effect on tip raor 1a of e p3o sa, in the absence; of. avch
facilities,
3~ .Tri; : tthis r at#io ~ lnt prat .it .o us i ificstimr
for this Agarcp to e.- end furida for this purpose must be`case i uoon
u it ; ' a r~ tip ~ t~ t - n xlc . #a , tt . o'at t f : ~Lh3 pu 1;'s - or
.d, cl. ioroa
!i: r 3t ! - matifti ca' ion
Another f 3ctc-r? = FUCK voulcl. the r d CIt.
Inrio aLttad, u zt"+..1 , Zication for auch e .tt a
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Approved For Release 2003/12/09 : CIA-RDP85-00375R000400110041-2
 Approved
elease 2003/12/09: CIA-RDP85-00
~V`
21 May 1982
000400110041-2F-5 t-`
RANDUM FOR: Coordinator, Employee Activity Association
Press ent EAA aekwon-do Club
SUBJECT: Release of Allotted Funds
I hereby request that $100.00 of the funds budgeted for the
TKD Club for 1982 be released to me at this time. Funds will be used
for the fabrication of a training duruny to be used in self-defense
training.
STAT
Approved For Release 2003/12/09 : CIA-RDP85-00375R000400110041-2