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Kansas City Plant Town Hall Meeting January 14, 2014 Kansas City, MO

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Conduct Interview Conduct Dose Reconstruction Request Data from DOE and Review Upon Receipt Prepare Analysis Record Interview Report to Claimant Draft Dose ... – PowerPoint PPT presentation

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Title: Kansas City Plant Town Hall Meeting January 14, 2014 Kansas City, MO


1
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
2
Kansas City Plant
3
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

4
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

5
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)).

6
EEOICPA and The OFFICE of the OMBUDSMAN
  • 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  • October 2004 Congress repealed Part D and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

7
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.

8
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.

9
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 www.dol.gov/eeombd.

10
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

11
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.

12
EEOICPA
  • OVERVIEW OF EEOICPA

13
EEOICPA Covered Conditions
Condition Part B Part E
CBD Yes Yes
Beryllium Sensitivity Medical Monitoring Only Medical Monitoring Only
Chronic Silicosis Yes Yes
Cancer Yes Yes
Any condition related to toxic exposure No Yes
14
Employee Eligibility
Employed By Part B Part E
DOE Contractors/ Subcontractors Yes Yes
DOE Federal Employees Yes No
AWE Employees Yes No
Beryllium Vendors Yes No
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
15
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).

16
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)

17
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 FMT (1999
    present). Additional contractors and
    subcontractors performed covered DOE work.
  • DEEOIC Significant Final Decisions database -
    June 13, 2013 Final Decision at
    http//www.dol.gov/owcp/energy/regs/compliance/Dec
    isions/finalfabdecs.htm.

18
Benefits under EEOICPA
Part B Part 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 BE combined Medical Benefits under Parts B E 400,000 CAP for BE combined Medical Benefits under Parts B E
19
DEEOIC Contact Information
  • Denver District Office
  • P.O. Box 25601
  • One Denver Federal Center, Bldg. 53
  • Denver, CO 80225
  • Toll free (888) 805-3389
  • Paducah Resource Center
  • Barkley Center, Unit 125
  • 125 Memorial Drive
  • Paducah, KY 42001
  • Toll free (866) 534-0599
  • Paducah.center_at_rrohio.com

20
Ombudsman Contact Information
  • Mail U.S. Department of Labor
  • Office of the Ombudsman
  • 200 Constitution Avenue, NW,
  • Room N2454
  • Washington, D.C. 20210
  • Toll Free 1-877-662-8363
  • Email ombudsman_at_dol.gov
  • Website www.dol.gov/eeombd
  • Fax (202) 693-5899

21
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 64108-2416
  • Phone (816) 268-3040
  • Website http//www.dol.gov/owcp/contacts/kansas/

22
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.

23
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.

24
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, 2000. 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.

25
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.

26
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.

27
Dose Reconstruction Process
Receive Claim from DOL
Request Data from DOE and Review Upon Receipt
Conduct Interview
Interview Report to Claimant
Conduct Dose Reconstruction
Closeout Interview
Draft Dose Reconstruction Report to Claimant
Prepare Analysis Record
Receive Signed OCAS-1
Send Analysis Record to DOL
28
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.

29
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.

30
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.

31
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.

32
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.
33
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.

34
Process for Initiating SEC
  • 83.13 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
  • 83.14 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

35
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

36
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

37
Evaluation Stage
  • Lead evaluator develops an SEC petition matrix
  • Includes issues identified by the petitioner,
    SCA 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

38
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.

39
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)

40
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 28th,
    2014, in KC.
  • If ultimately approved, claims that meet the
    criteria, class definition, will be compensated.

41
OMBUDSMAN TO NIOSH
  • Contact Information
  • Ms. Denise Brock
  • Toll Free 1-888-272-7430
  • Email Address CKO7_at_cdc.gov

42
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
  • Respond to DOL and NIOSH requests for information
    related to individual claims. (employment
    verification, exposure records).
  • 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.
  • Conduct research, in coordination with DOL and
    NIOSH, on issues related to covered facilities
    designations.

43
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.

44
45
  • Former Worker Medical Screening Program

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

46
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.

47
48
FWP Contacts
  • National Supplemental Screening Program (NSSP)
  • Production and in-house workers
  • 1-866-812-6703 or
  • http//www.orau.org/nssp/
  • Building Trades National Medical Screening
    Program (BTMed)
  • Construction and subcontractor workers
  • 1-800-866-9663 or www.btmed.org

48
49
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