EEOICPA OFFICE OF THE OMBUDSMAN October 13 – 14, 2015 West Valley, New York

General Information Emergency Exits Restrooms Cell Phones Photographs and Videotaping Slide presentation is available on the Ombudsman web site:

WELCOME Introductions: Office of the Ombudsman DOL:Cleveland District Office New York Resource Center DOE: Former Worker Program

Today’s Agenda  Overview of the role of the Office of the Ombudsman for EEOICPA  Overview of EEOICPA Part B  Overview of EEOICPA Part E  DOE’s Former Worker Program  Questions

West Valley Demonstration Project Location: New York, West Valley Type of Facility: AWE/DOE Dates of Operation: AWE Residual Radiation DOE Present

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EEOICPA  Part B administered by Department of Labor  Part D administered by Department of Energy October Congress repealed Part D and established Part E.  Part E administered by the Department of Labor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. In 2010, Congress expanded the authority of the Office to include Part B of the EEOICPA. In 2014, the Congress extended the authority of the Office through October 28, 2019.

OFFICE OF THE OMBUDSMAN Our 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: Rule or make decisions on claims “Make” DEEOIC reverse or change a decision Make Congress revise the Act Take DEEOIC to court Lobby Congress Act as an advocate

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

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

Affiliated EEOICPA Agencies ► Department of Labor’s Division of Energy Employees Occupational Illness Compensation (DEEOIC) ► Department of Energy (DOE) ► DOE Former Worker Programs ► National Institute for Occupational Safety and Health (NIOSH) ► Department of Justice (DOJ) ► Advisory Board on Toxic Substances and Worker Health

EEOICPA Part B Overview

General Part B Eligibility – (Who is covered?) Employee Eligibility: – DOE Employee – DOE Contractor or Subcontractor – Beryllium Vendors – Atomic Weapons Employer – Approved Section 5 RECA claims Survivor Eligibility: – Eligible Spouse – Children – Parents – Grandchildren – Grandparents

General Part B Eligibility ■ Illnesses covered under Part B:  Cancer  Chronic beryllium disease (CBD)  Chronic silicosis (only for employees who worked during the mining of test tunnels related to an atomic weapon at a DOE facility in Nevada or Alaska)  Beryllium sensitivity

General Part B Eligibility ■ Claims for Cancer: 1) NIOSH Dose Reconstruction - 50% or greater probability of causation (PoC) that the cancer was caused by radiation exposure at a covered facility. OR 2) Special Exposure Cohort (SEC) employment and a diagnosis of one of the 22 specified cancers.

Part B - Benefits  For cancer, CBD, and chronic silicosis - $150,000 (lump sum) **Plus medical benefits for the approved condition(s)  For Beryllium Sensitivity – only medical monitoring  For approved Section 5 RECA claims - $50,000 **Plus medical benefits for the approved condition(s)

EEOICPA Part E Overview

General Part E – Eligibility Who is covered? Employee Eligibility DOE Contractors DOE Subcontractors RECA Section 5 Uranium miners, millers, and ore transporters Survivor Eligibility Spouse Child – who at the time of the employee’s death was:  Under age 18, or  Under age 23 and a continuous full time student, or  Any age if incapable of self support

Part E - Covered Illness ■ What is a Covered Illness? Any illness (or death) where it is “at least as likely as not” that exposure to a toxic substance(s) at a covered DOE or Section 5 RECA facility, during a covered time period, was a significant factor in aggravating, contributing to, or causing the employee’s illness (or death).

Part E – Burden of Proof Evidence Required: 1. Medical evidence to establish a covered illness. (Proof of a confirmed medical illness is needed – description of symptoms is not sufficient). 2. Evidence of exposure to a toxic substance while employed at a covered DOE or Section 5 RECA facility. 3. Evidence of an established scientific link associated to a specific toxic substance(s) significant enough to have caused, contributed to, or aggravated the claimed diagnosed illness (or death).

Part E – Employee Benefits  Medical benefits for the covered illness(es), including home health care benefits.  Impairment compensation for permanent impairment for the accepted covered illness(es). (Must be claimed).  Wage loss compensation based upon the years of reduced or lost wages, prior to your normal Social Security retirement age, due to the accepted condition. (Must be claimed).  There is a cap of $250,000 on Part E claims. However, no monetary cap on medical benefits.

Part E - Benefits ■ Survivors Benefits – Approved Part E claims:  Lump sum compensation of $125,000 (plus wage loss if applicable).  Wage Loss – Survivors may also be eligible for additional compensation for wage loss if:  The employee accrued between 10 and 19 years of wage loss due to the approved condition. ($25,000)  The employee accrued 20 years or more of wage loss due to the approved condition. ($50,000)

ONLINE RESOURCES DEEOIC DEEOIC Procedure Manual nifiedProcedureManual.htm nifiedProcedureManual.htm DEEOIC Final Bulletins and Final Circulars- nalBulletinshtml.htm and nalcircularshtml.htm nalBulletinshtml.htm nalcircularshtml.htm EEOICPA (the Act) Federal (EEOICPA) Regulations -

Part B and Part E Claims The following DEEOIC Office can also be contacted for assistance. New York Resource Center 6000 North Bailey Ave, Suite 2A, Box # 2 Amherst, NY Toll free: Cleveland District Office DOL, DEEOIC Central Mail Room P.O. Box 8306 London, KY Toll free:

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28 District Office Jurisdictional Map

Ombudsman Contact Information Mail: U.S. Department of Labor Office of the Ombudsman for EEOICPA 200 Constitution Ave., N.W. Room N-2454 Washington, D.C Toll Free: Website:

Department of Energy Former Worker Program Two FWPs for West Valley and Ashtabula

Building Trades National Medical Screening Program (BTMed) National Supplemental Screening Program (NSSP)

What is the DOE Former Worker Program? 1993: Defense Authorization Act Section 3162 – Establish medical monitoring for former workers 1996: DOE established the Former Worker Medical Screening Program 32

Why 2 Programs for this site? BTMed screens construction trades/subcontractor workers NSSP screens in-house/production workers

BTMed CPWR – Center for Construction Research and Training with support from the North American’s Building Trade Unions and the local Building Trades Councils Screens construction/subcontractor workers Completed 32,000 screenings

National Supplemental Screening Program (NSSP) Oak Ridge Associated Universities manages the NSSP provides free medical examinations to all non-construction workers at West Valley and Ashtabula Completed 17,000 screenings

Local Covered Sites West Valley Demonstration Project from 1980 to present Ashtabula from 1962 to present Also covered: Shippingport, Brush Luckey, Battelle Labs, GE Evendale, Piqua, and National Energy Technology Plant

Medical Services Screenings  Occupational and medical history  Physical exam  Chest X-ray  Blood test (including GHP, BeLPT)  Spirometry  Hearing test Clinics : Nationwide network of clinics available

If you worked construction

If you worked a non- construction job

Questions/Comments