Kansas City Plant Town Hall Meeting January 14, 2014 Kansas City, MO Sponsored by: THE OFFICE of the OMBUDSMAN for the Energy Employees Occupational Illness Compensation Program and THE OMBUDSMAN to NIOSH for the Energy Employees Occupational Illness Compensation Program

Kansas City Plant

Todays Agenda 1. Overview of the Ombudsman for EEOICPA 2. Overview of the Ombudsman to NIOSH 3. Overview of the Former Worker Medical Screening Program 4. Questions & Answers 5. Opportunity to Meet with Various Representatives

Presenters & Attendees Presenters: Ombudsman for EEOICPA Ombudsman to NIOSH for Part B DOE Former Worker Medical Screening Program Attendees: DOL Resource Center - Paducah, KY DOL EEOICP National Office staff DOL Denver District Office

EEOICPA Purpose of the Program: To provide for timely, uniform, and adequate compensation of covered employees, and where applicable, survivors of such employees, suffering from illnesses incurred by such employees in the performance of duty for the Department of Energy and certain of its contractors and subcontractors involved in the development of atomic weapons. (See generally 42 U.S.C. § 7384d(b)).

History: October 2000 – Congress enacted EEOICPA Part B administered by the Department of Labor Part D administered by the Department of Energy October 2004 – Congress repealed Part D and established Part E Part E administered by the Department of Labor EEOICPA and The OFFICE of the OMBUDSMAN

The October 2004 legislation also created the Office of the Ombudsman. The Office of the Ombudsman is independent from the offices within the Department of Labor that administer EEOICPA. The Office of the Ombudsman initially only had authority to address Part E claims. The 2010 National Defense Authorization Act expanded authority to include Part B of the EEOICPA. October 24, 2012 – Secretary of Labor Solis signed a Memorandum continuing the Office of the Ombudsman.

EEOICP Ombudsman Duties As an Independent Office we: Provide information on the benefits available on the requirements and procedures applicable to the provisions under EEOICPA Part B and Part E; Make recommendations to the Secretary regarding the location of resource centers for the acceptance and development of claims for benefits under EEOICPA; and Carry out other duties as the Secretary shall specify.

EEOICP Ombudsman Duties We Submit an Annual Report to Congress each year setting forth: The number and types of complaints, grievances and requests for assistance received by the Ombudsman during the preceding year; and An assessment of the most common difficulties encountered by claimants and potential claimants during the preceding year. The 2012 Ombudsmans Report is currently available on our website:

EEOICP Ombudsman Duties We Conduct Outreach: Town Hall Meetings Ombudsman Meetings Joint Meetings (NIOSH/FWP/DEEOICP) Develop Brochures/Handouts Web Page We Provide Assistance: Receive calls and requests from claimants pertaining to complaints, problems or concerns about the program Explain program requirements, eligibility, and benefits Provide suggestions

OFFICE OF THE OMBUDSMAN Limitations The Office of the Ombudsman cannot: Rule or make decisions on claims. Make DEEOIC reverse or change a decision. Make Congress revise the EEOICPA. Take DEEOIC to court. Lobby Congress. Act as an advocate.

EEOICPA OVERVIEW OF EEOICPA

EEOICPA Covered Conditions ConditionPart BPart E CBDYes Beryllium Sensitivity Medical Monitoring Only Chronic Silicosis Yes CancerYes Any condition related to toxic exposure NoYes

Employee Eligibility Employed ByPart BPart E DOE Contractors/ Subcontractors Yes DOE Federal Employees YesNo AWE Employees YesNo Beryllium Vendors YesNo RECA 5 Yes If claimants has an approved Section 5 RECA Claim Yes If the employee qualifies as a RECA Section 5 uranium miner, miller, or ore transporter

Department of Energy (DOE) Contractor and Subcontractor Employee Statutorily defined under EEOICPA A DOE contractor employee includes an individual who is or was employed at a DOE facility by: An entity that contracted with the DOE to provide management and operating, management and integration, or environmental remediation at the facility ; or A contractor or subcontractor that provided services, including construction and maintenance, at the facility. See 42 U.S.C. § 7384l(11).

Department of Energy (DOE) Facility Statutorily defined under EEOICPA A DOE facility is any building, structure, or premise in which: Operations are or have been conducted by DOE (or on behalf of DOE); AND With regard to which DOE has or had: A proprietary interest; or Entered into a contract with an entity to provide management and operation, management and integration, environmental remediation services, construction, or maintenance services. See 42 U.S.C. § 7384l(12)

Kansas City Plant Only the Kansas City Plant is a covered DOE facility under the EEOICPA Covered DOE time period: 1949 through the present. Primary Contractors: Allied-Signal (formerly Bendix) (1949 – 1999); and Honeywell FM&T (1999 – present). Additional contractors and subcontractors performed covered DOE work. DEEOIC Significant Final Decisions database - June 13, 2013 Final Decision at ns/finalfabdecs.htm.

Benefits under EEOICPA Part BPart E $150,000 Employee or Survivor(s) Impairment $2,500 per % (Employee) $50,000 RECA Employee or Survivor(s) Wage Loss $10,000- $15,000 per year (Employee) $125,000 Survivor(s) $400,000 CAP for B+E combined Medical Benefits under Parts B & E

DEEOIC Contact Information Denver District Office P.O. Box One Denver Federal Center, Bldg. 53 Denver, CO Toll free: (888) Paducah Resource Center Barkley Center, Unit Memorial Drive Paducah, KY Toll free: (866)

Ombudsman Contact Information Mail: U.S. Department of Labor Office of the Ombudsman 200 Constitution Avenue, NW, Room N2454 Washington, D.C Toll Free: Website: Fax: (202)

FECA Contact Information Mail: U.S. Department of Labor Kansas City District Office Two Pershing Square Building 2300 Main Street, Suite 1090 Kansas City, MO Phone: ( 816) Website:

OMBUDSMAN TO NIOSH Part B Duties : Dose Reconstruction – Assists claimants by reviewing the dose reconstruction and case file. SEC Process - Assists petitioners with compiling materials, information, and documentation needed to file an SEC petition. Facilitates and conducts outreach and workshops for claimants, advocates, consultants, and the public to promote a better understanding of the EEOICP and claim process.

NIOSHs Role in the EEOICP NIOSH is the lead federal agency for research regarding the occupational health of U.S. workers. The President charged HHS/NIOSH with administering a federal advisory committee, the Advisory Board on Radiation Worker Health to advise HHS on its activities under Part B.

Advisory Board on Radiation Worker Health The Advisory Board on Radiation and Worker Health (also referred to as the Advisory Board or the Board) was established by the President on December 7, The Advisory Board: Consists of members from the public that represent a balance of scientific, medical, and worker points of view. Gives advice to the Department of Health and Human Services regarding its responsibilities under the EEOICP Act. Includes a balance of perspectives from scientists, physicians, and workers.

Duties of the Board The Board shall provide advice to the Secretary, HHS on (1) the development of guidelines to assess the likelihood that an individual with cancer sustained the cancer in the performance of duty at a DOE or an Atomic Weapons Employer (AWE) facility, and methods for arriving at and providing reasonable estimates of the radiation doses received by individuals applying for assistance under this program for whom there are inadequate records of radiation exposure; (2) the scientific validity and quality of dose reconstruction efforts performed for this program; and (3) upon request by the Secretary, HHS, whether there is a class of employees at any DOE or AWE facility who were exposed to radiation.

NIOSHS ROLE IN THE EEOICP NIOSH assists the Department of Health and Human Services (HHS) in carrying out its responsibility under the EEOICPA. One role of NIOSH is to estimate the amount of radiation dose that the employee was potentially exposed to by conducting a dose reconstruction.

Conduct Interview Conduct Dose Reconstruction Request Data from DOE and Review Upon Receipt Prepare Analysis Record Interview Report to Claimant Draft Dose Reconstruction Report to Claimant Receive Signed OCAS-1 Closeout Interview Send Analysis Record to DOL Dose Reconstruction Process Receive Claim from DOL

Dose Reconstruction Basics Stage 1: Collecting Information Bioassay records, such as urine tests Film badge information Industrial Hygiene - Air sampling results Records related to radioactive materials at the site Records review for production, processes, and safety procedures information from telephone interview (CATI)(optional) DOE records Work History.

Dose Reconstruction Basics Stage 2: Dose Reconstruction: Information gathered in Stage 1 is used to estimate your radiation exposure. Stage 3: Draft Report: Once the D/R is complete, NIOSH will send you a draft report & an OCAS 1 form to sign & return. NIOSH will also contact you for a final telephone interview (COI) to explain the draft report & answer questions or concerns.

Dose Reconstruction Basics Stage 4: Final Report: Once NIOSH receives your signed OCAS-1 form, they will send the Final Report to you and to DOL. DOL will use the Final Report to make a decision on your claim.

Probability of Causation (PoC) The Act sets the guidelines for determining probability of causation (PC or PoC). Eligible for compensation if the cancer was at least as likely as not caused by radiation on the job. The Dose Reconstruction must produce a PoC of 50% or greater to be compensable.

Another NIOSH Role In certain situations, where an accurate and sufficient dose reconstruction cannot be performed, NIOSH has a role in the Special Exposure Cohort (SEC) process.

Special Exposure Cohort (SEC) The SEC is a category of employees established by the EEOICPA. There are 3 separate ways to file for inclusion into the SEC provision. There were 4 sites that were legislated in at the original enactment of the law. There are over 90 approved SEC sites. There is a petition pending for the Kansas City DOE site.

Process for Initiating SEC Process: Covered workers, their survivors, labor organizations that represent covered workers, or authorized representatives of authorized workers submit a petition for addition of an SEC class to NIOSH Process: NIOSH, through its research, determines that dose reconstruction is not feasible for a class There is also the legislative option of the original 4

SEC Petitioning Process Overview There are seven main phases that a petition will go through before it can be added as a new SEC class: Petition submission Qualification Evaluation Evaluation Report presented to the Advisory Board on Radiation and Worker Health (Advisory Board) Advisory Board recommendation Secretary of the Department of Health and Human Services (HHS) designation Submission to Congress

Qualification Stage A description of the basis for believing records and information available are inadequate to estimate radiation doses based on one of the following: Lack of monitoring Destruction, falsification, or loss of records Expert report Scientific or technical report

Evaluation Stage Lead evaluator develops an SEC petition matrix Includes issues identified by the petitioner, SC&A site profile issues that could be SEC issues, and any potential SEC issues with which the dose reconstruction team is dealing. SEC team identifies an approach for resolving each issue May require additional data captures and interviews. If an issue cannot be resolved, an SEC class will be defined based on the time period of the issue and the location(s) it impacts

Special Exposure Cohort (SEC) If an SEC is approved, a class definition must be met: At least 250 work day rule, and One of 22 listed presumptive cancer rule. May require additional criteria such as building or job specific.

In Summary NIOSH is the lead federal agency for research on the occupational health of U.S workers, including nuclear weapons workers. NIOSH has been tasked with conducting dose reconstructions for cancer claims, to retrospectively estimate the amounts & types of radiation dose incurred by a person. If an accurate, sufficient dose reconstruction cannot be performed, & if there was health endangerment, a SEC petition can be filed by 1 of 3 different options. (83.13, 83.14, or via legislation)

In Summary There is a petition for SEC status pending for the KC plant. That petition is in the Evaluation stage. It will go before the ABRWH on January 28 th, 2014, in KC. If ultimately approved, claims that meet the criteria, class definition, will be compensated.

OMBUDSMAN TO NIOSH Contact Information: Ms. Denise Brock Toll Free: Address:

Department of Energy Support to the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) and the Former Worker Medical Screening Program (FWP) Office of Health, Safety and Security

43 DOE Responsibilities 1.Respond to DOL and NIOSH requests for information related to individual claims. (employment verification, exposure records). 2.Provide support and assistance to DOL, NIOSH, and Advisory Board on large-scale research and site characterization projects through records research and retrieval efforts at various DOE sites. 3.Conduct research, in coordination with DOL and NIOSH, on issues related to covered facilities designations.

44 Individual Records Claimants often worked at multiple DOE sites, for multiple contractors and subcontractors, and in different jobs or divisions over a career. Records packages that DOE provides to DOL and NIOSH can be hundreds of pages long.

45 Former Worker Medical Screening Program

46 FWP Background Program serves all former Federal, contractor, and subcontractor workers from all DOE sites

47 FWP Background (cont.) Mission : Identify and notify former workers at risk for occupational disease. Offer them medical screening that can lead to treatment. Provide information and assistance about medical follow-up and compensation. Use findings to strengthen safety and health protection for current and future workers.

48 FWP Contacts National Supplemental Screening Program (NSSP) Production and in-house workers or Building Trades National Medical Screening Program (BTMed) Construction and subcontractor workers or

Any Questions