kansas city plant town hall meeting january 14, 2014 kansas city, mo

Kansas City Plant Town Hall Meeting

January 14, 2014Kansas City, MO

Sponsored by:

THE OFFICE of the OMBUDSMAN for theEnergy Employees Occupational Illness Compensation Program

and

THE OMBUDSMAN to NIOSH for the Energy Employees Occupational Illness Compensation Program

Kansas City Plant

Today’s Agenda

1. Overview of the Ombudsman for EEOICPA2. Overview of the Ombudsman to NIOSH3. Overview of the Former Worker Medical

Screening Program4. Questions & Answers5. 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October 2004 – Congress repealed Part D and established Part E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

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 Ombudsman’s Report is currently available on our website: www.dol.gov/eeombd.

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

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

Employee Eligibility

Employed By Part B Part EDOE 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

YesIf 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 ; orA 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); ANDWith 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 http://www.dol.gov/owcp/energy/regs/compliance/Decisions/finalfabdecs.htm.

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 B+E combined

Medical Benefits under Parts B & E

DEEOIC Contact Information

Denver District OfficeP.O. Box 25601One Denver Federal Center, Bldg. 53Denver, CO 80225Toll free: (888) 805-3389

Paducah Resource CenterBarkley Center, Unit 125125 Memorial DrivePaducah, KY 42001Toll free: (866) 534-0599Paducah.center@rrohio.com

Ombudsman Contact Information

Mail: U.S. Department of LaborOffice of the Ombudsman200 Constitution Avenue, NW, Room N2454

Washington, D.C. 20210

Toll Free: 1-877-662-8363

Email: ombudsman@dol.gov

Website: www.dol.gov/eeombdFax: (202) 693-5899

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/

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.

NIOSH’s 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, 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.

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.

NIOSH’S 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

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

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 28th, 2014, in KC.

If ultimately approved, claims that meet the criteria, class definition, will be compensated.

OMBUDSMAN TO NIOSH

Contact Information:

Ms. Denise BrockToll Free: 1-888-272-7430

Email Address: CKO7@cdc.gov

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

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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.

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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.

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Former Worker Medical Screening Program

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FWP Background

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

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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.

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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

Any Questions