Joint Outreach Task Group Meeting August 27, 2014 Spokane, Washington

Administrative Issues  Emergency Exits  Rest Rooms  Photos  Cell Phones

Today’s Agenda 1. Introductions 2. Overview of EEOIC Program ► Part B Benefits ► Part E Benefits 3. EEOICPA Ombudsman’s Office 4. Department of Energy (DOE) 5. DOE-funded Former Worker Screening Program 6. Questions and Answers 7. Opportunity to Meet with Various Representatives

PRESENTERS and ATTENDEES Presenters Department of Labor Office of the Ombudsman for EEOICPA Department of Energy Building Trades National Medical Screening Program

Attendees National Institute of Occupational Safety and Health DOL Seattle District Office DOL Hanford Resource Center

Energy Employees Occupational Illness Compensation Program Joint Outreach Task Group Meeting Spokane, Washington August 27, 2014

Washington 2 Covered Facilities are located in Washington: Hanford (1942-Present) Hanford (1942-Present) Pacific Northwest National Laboratory (2005-Present) Pacific Northwest National Laboratory (2005-Present) aclisthttp:// aclist/findfacility.cfm aclist

8 Means of Verifying Employment DOE DOE EE-5 Employment Verification Form EE-5 Employment Verification Form Oak Ridge Institute for Science and Education (ORISE) Oak Ridge Institute for Science and Education (ORISE) The Center for Construction Research and Training (CPWR) The Center for Construction Research and Training (CPWR) Corporate Verifiers Corporate Verifiers SSA wage data SSA wage data Other Sources Other Sources Including affidavits and records or documents created by state and federal agencies Including affidavits and records or documents created by state and federal agencies

Part B: Who’s Eligible? Covered Employees Covered Employees DOE employees or its contractors/subcontractors DOE employees or its contractors/subcontractors Atomic Weapons Employers (AWE) Atomic Weapons Employers (AWE) Eligible Survivors Eligible Survivors Surviving spouse Surviving spouse Children – Regardless of age Children – Regardless of age Parents Parents Beryllium Vendors (BV) RECA Section 5 awardees Grandchildren Grandparents

Part B: Covered Conditions Radiation induced cancer Radiation induced cancer Beryllium Disease Beryllium Disease Beryllium Sensitivity – Medical Monitoring Only Beryllium Sensitivity – Medical Monitoring Only Chronic Silicosis Chronic Silicosis “Supplement” for RECA Section 5 uranium workers “Supplement” for RECA Section 5 uranium workers

Part B: Dose Reconstruction & Probability of Causation Part B Cancer Cases: Part B Cancer Cases: Dose Reconstruction Needed - Conducted by NIOSH Dose Reconstruction Needed - Conducted by NIOSH Level and extent of occupational radiation dose Level and extent of occupational radiation dose Probability of Causation (PoC) Probability of Causation (PoC) Scientific calculation of likelihood that radiation exposure caused cancer Scientific calculation of likelihood that radiation exposure caused cancer NIOSH-IREP NIOSH-IREP PoC - 50% or greater for award PoC - 50% or greater for award

Part B: Special Exposure Cohort Causation presumed for Special Exposure Cohort (SEC) members diagnosed with a “specified cancer” Causation presumed for Special Exposure Cohort (SEC) members diagnosed with a “specified cancer” NIOSH Dose Reconstruction is not needed NIOSH Dose Reconstruction is not needed “Specified” Cancer “Specified” Cancer 22 cancers named in law 22 cancers named in law

Hanford Site SEC Class: Effective January 9, 2010 the following class of employees was added to the Special Exposure Cohort (SEC) of the EEOICPA: All employees of DOE, its predecessor agencies, and its contractors and subcontractors who worked at the Hanford Site in Richland, Washington, from October 1, 1943 through June 30, 1972, for a number of workdays aggregating at least 250 workdays, occurring either solely under this employment or in combination with workdays within the parameters established for one or more other class of employees in the SEC. The January 9, 2010, SEC class subsumed both prior June 29, 2008 and October 12, 2007, Hanford Site SEC classes

Hanford Site SEC Class: Effective September 22, 2012, the following additional class of employees was added to the SEC of the EEOICPA: All employees of the Department of Energy (DOE), its predecessor agencies, and its contractors and subcontractors who worked at the Hanford Site in Richland, Washington, from July 1, 1972 through December 31, 1983, for a number of workdays aggregating at least 250 workdays, occurring either solely under this employment or in combination with workdays within the parameters established for one or more other class of employees in the SEC.

Part E: Who’s Eligible? Eligible Covered Employees Eligible Covered Employees DOE contractor or subcontractor employees DOE contractor or subcontractor employees Does NOT include DOE, AWE, and BV workers Does NOT include DOE, AWE, and BV workers Eligible Survivors Eligible Survivors Surviving Spouse Surviving Spouse Employee’s Children, if no surviving spouse, and if at the time of the employee’s death the child was: Employee’s Children, if no surviving spouse, and if at the time of the employee’s death the child was: Under the age of 18 Under the age of 18 Under the age of 23 and a full-time student, continuously enrolled in an educational institution since age 18 Under the age of 23 and a full-time student, continuously enrolled in an educational institution since age 18 Any age if medically incapable of self support Any age if medically incapable of self support

Part E: Illness from Toxic Exposure All conditions (not symptoms of conditions) are covered All conditions (not symptoms of conditions) are covered Must show that toxic exposure at a covered DOE facility was a significant factor in: Must show that toxic exposure at a covered DOE facility was a significant factor in: Causing, contributing to, or aggravating the claimed condition Causing, contributing to, or aggravating the claimed condition DOL will assist with verifying Part E toxic exposure DOL will assist with verifying Part E toxic exposure Claimant bears overall burden of proving his or her claim Claimant bears overall burden of proving his or her claim

Part E: Means of Verifying Toxic Exposure DOL Resource Centers DOL Resource Centers Occupational History Questionnaires (OHQ) Occupational History Questionnaires (OHQ) Site Exposure Matrices (SEM) Site Exposure Matrices (SEM) Identifies toxic substances related to labor categories, processes, buildings, and major incidents Identifies toxic substances related to labor categories, processes, buildings, and major incidents Website available at Website available at DOE Document Acquisition Request (DAR) DOE Document Acquisition Request (DAR) Claimant Records Claimant Records

Part E: Employee Impairment Determination of % permanent whole person impairment due to covered illness Determination of % permanent whole person impairment due to covered illness AMA’s Guides to the Evaluation of Permanent Impairment, 5 th Edition AMA’s Guides to the Evaluation of Permanent Impairment, 5 th Edition $2,500 awarded for each % of impairment $2,500 awarded for each % of impairment

Part E: Employee Wage Loss Medical evidence must show decreased capacity to work Medical evidence must show decreased capacity to work Employee Compensation: Employee Compensation: Any year <50% of the pre-disability annual wage = $15,000 compensation Any year <50% of the pre-disability annual wage = $15,000 compensation Any year > 50% but 50% but <75% of the pre-disability annual wage = $10,000 compensation

20 Benefits Part B Part E $150,000 Employee + Survivor Impairment $2,500 per % (Employee) $50,000 RECA Employee + Survivor Wage Loss $10,000 - $15,000 per year (Employee) $125,000 Survivor (+ lump-sum Wage Loss if eligible) $400,000 CAP for B+E combined

Medical Benefits Broad coverage for medical treatment costs linked to accepted work-related illness(es) Broad coverage for medical treatment costs linked to accepted work-related illness(es) Routine medical care - including office visits, diagnostic services (lab and radiology services) Routine medical care - including office visits, diagnostic services (lab and radiology services) Prescription medications Prescription medications Other services including inpatient care, outpatient services (chemotherapy, radiation treatment, etc.) Other services including inpatient care, outpatient services (chemotherapy, radiation treatment, etc.) Medical travel expenses Medical travel expenses Transportation, lodging, meals, and misc. expenses (tolls, parking, baggage, etc.) Transportation, lodging, meals, and misc. expenses (tolls, parking, baggage, etc.) Durable Medical Equipment Durable Medical Equipment Wheel chairs, hospital beds, oxygen and supplies Wheel chairs, hospital beds, oxygen and supplies

Medical Benefits (continued) Extended care facility Extended care facility Residential nursing home, assisted living facility, etc. Residential nursing home, assisted living facility, etc. Hospice Hospice Home Health Care (HHC) Home Health Care (HHC) Skilled nursing-LPN, RN Skilled nursing-LPN, RN Personal assistance-HHA, PCA Personal assistance-HHA, PCA

Decision Process Recommended Decision – District Office Recommended Decision – District Office Preliminary determination Preliminary determination Cover letter, decision, and rights to object (oral hearing/review of written record) Cover letter, decision, and rights to object (oral hearing/review of written record) Final Decision – Final Adjudication Branch (FAB) Final Decision – Final Adjudication Branch (FAB) Affirmation of recommend decision or remand based on objection/independent review Affirmation of recommend decision or remand based on objection/independent review Claimant Rights – Reconsideration & Reopening Claimant Rights – Reconsideration & Reopening

Claimant Responsibilities File Claim File Claim Collect/Copy/Submit relevant records Collect/Copy/Submit relevant records Respond to information requests Respond to information requests Talk to co-workers – get affidavits Talk to co-workers – get affidavits Seek assistance if you need help – call Resource Center Seek assistance if you need help – call Resource Center Review decision and information for appeal Review decision and information for appeal

EEOICPA Compensation $10.6 Billion Total Compensation $10.6 Billion Total Compensation $5.44 Billion Part B $5.44 Billion Part B $3.26 Billion Part E $3.26 Billion Part E $1.98 Billion Medical $1.98 Billion Medical Data as of August 3, 2014

Washington $873.6 Million Total Compensation $873.6 Million Total Compensation $490.8 Million Part B $490.8 Million Part B $279.9 Million Part E $279.9 Million Part E $102.9 Million Medical $102.9 Million Medical Data as of August 3, 2014

Claimant Resources Resource Centers – 11 locations Resource Centers – 11 locations Hanford Resource Center toll free number: Hanford Resource Center toll free number: (888) District Offices – 4 locations District Offices – 4 locations Seattle District Office toll free number: (888) Seattle District Office toll free number: (888) DEEOIC web site DEEOIC web site General program information General program information SEM website SEM website Forms Forms Sample decisions Sample decisions

District Office Jurisdictional Map

EEOICPA OFFICE OF THE OMBUDSMAN August 27, 2014 Spokane, Washington

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

OFFICE OF THE OMBUDSMAN 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 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, Secretary of Labor Solis signed a Memorandum continuing the Office of the Ombudsman.

OFFICE OF THE OMBUDSMAN Duties: 1. Provide information on the benefits available under the EEOICPA. 2. Make recommendations regarding the location of resource centers for the acceptance and development of claims – there are currently 11 resource centers. 3.Submit an annual report to Congress detailing: a) The number and types of complaints, grievances and requests for assistance received during the year and; b) An assessment of the most common difficulties encountered by claimants during the year.

OFFICE OF THE OMBUDSMAN Limitations – the Office cannot: 1. Rule or make decisions on claims. 2. “Make” DEEOIC reverse or change a decision. 3. Make Congress revise the EEOICPA. 4. Take DEEOIC to court 5. Lobby Congress 6. Act as an advocate

OMBUDSMAN ASSISTANCE When the Office receives complaints, grievances, and requests for assistance : 1. We respond to claimants, attorneys, lay representatives, congressional staff and others. 2. We explain, review and discuss aspects of the EEOICPA claims process. 3. We answer questions and provide other assistance to individuals encountering difficulties with claims pending with DEEOIC. 4. We discuss your concerns in our annual report to Congress.

OMBUDSMAN ASSISTANCE Outreach efforts and initiatives include: 1. Sponsoring town hall meetings. 2. Participating in DEEOIC sponsored town hall meetings and traveling resource centers. 3. Offering opportunities for individuals to speak on-on- one with Ombudsman staff. 4. Coordinating efforts with the Joint Outreach Task Group (JOTG).

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

38 Department of Energy Support to the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) and the Former Worker Medical Screening Program (FWP) Office of Environment, Health, Safety and Security August 2014

39 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.

40 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.

41 Former Worker Medical Screening Program

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

43 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.

44 Hanford FWP Contacts Hanford- Production Workers National Supplemental Screening Program (NSSP) All former Production Workers from Hanford or Hanford-Construction Workers Building Trades National Medical Screening Program (BTMed) All former Construction Workers from Hanford or

45 Idaho National Laboratory FWP Contacts Idaho National Laboratory (INL)- Production Workers Worker Health Protection Program (WHPP) All former Production Workers from INL or Idaho National Laboratory(INL)-Construction Workers Building Trades National Medical Screening Program (BTMed) All former Construction Workers from INL or

46 Questions?

Building Trades National Medical Screening Program (BTMed) August 2014

BTMed Team DOE: Funding Agency CPWR: Responsible for performance Duke University: Industrial Hygiene, Statistical Q/A and Epidemiology University of Cincinnati: Site History and SEC fact sheets Zenith American Solutions: Operations

BTMed Overview Offers free screening services to former DOE construction/trades workers Covers 27 DOE sites Completed 29,400 screens (21,500 workers) Screen about 45 workers/week Started ELCD program for Hanford workers in 2013 Provide information and assistance about medical follow-up and compensation

Brookhaven BTMed Covered Sites Amchitka Yucca Mountain Hanford Argonne National Lab Idaho National Lab Rocky Flats Pinellas Kansas City Plant Mallinckrodt Weldon Spring Savannah River Site Oak Ridge Paducah Piqua Portsmouth Mound Fernald Huntington Pilot Plant Brush Luckey GE Evendale Battelle Labs – King Ave. & West Jefferson Waste Isolation Pilot Plant National Energy Ashtabula Shippingport Atomic Technology Lab Power Plant

Screening Services Screenings – Occupational and medical history – Physical exam – Chest X-ray – Blood test (including GHP, BeLPT) – Spirometry – Hearing test CT Scans

Medical Component More than 200 clinics to choose from - Credentialed and malpractice verification Use a national lab for blood testing (Quest) X-ray B-readers – University of Washington - David Godwin – National Jewish – several readers – Michigan State, Ken Rosenman

NETWORK PROVIDER LOCATIONS

Abnormal chest x-rays in 18%, Abnormal pulmonary function in 40%, and Evidence of hearing loss in 64%. Beryllium sensitization in about 1.5% Medical Findings

Toll-free at

Questions????