Joint Joint Outreach Outreach

Task Group Task Group

of programs assisting of programs assisting DOE WorkersDOE Workers

Public MeetingsPublic MeetingsSeptember 17, 2013September 17, 2013

Livermore, CALivermore, CA

Emeryville, CA Emeryville, CA

Administrative Issues Administrative Issues

Emergency Emergency ExitsExits

Rest RoomsRest Rooms PhotosPhotos Cell PhonesCell Phones

Today’s AgendaToday’s Agenda1.1. Introductions Introductions

2.2. Overview of the EEOIC Program - Part Overview of the EEOIC Program - Part B and Part EB and Part E

3.3. Overview of the EEOICPA OmbudsmanOverview of the EEOICPA Ombudsman

4.4. Former Worker Medical Screening Former Worker Medical Screening Program + Worker Health Protection Program + Worker Health Protection ProgramProgram

5.5. Questions & AnswersQuestions & Answers

6.6. Opportunity to Meet with Various Opportunity to Meet with Various RepresentativesRepresentatives

Presenters & Presenters & Attendees Attendees

Presenters:Presenters:■ Department of LaborDepartment of Labor■ EEOICPA Office of the OmbudsmanEEOICPA Office of the Ombudsman■ DOE Former Worker Medical Screening DOE Former Worker Medical Screening

ProgramProgram■Worker Health Protection Worker Health Protection

ProgramProgram

Attendees:Attendees:■ DOL California Resource Center DOL California Resource Center ■ NIOSH NIOSH

Energy Employees Energy Employees Occupational Occupational

Illness Compensation Illness Compensation ProgramProgram

Joint Outreach Task Group MeetingJoint Outreach Task Group MeetingLivermore, CA & Emeryville, CA Livermore, CA & Emeryville, CA

September 17, 2013September 17, 2013

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Administration of the Administration of the EEOICPAEEOICPA

Part BPart B (October 2000) (October 2000)

Part E Part E (October 2004)(October 2004)

Department of Labor administers Department of Labor administers the EEOICPAthe EEOICPA Division of Energy Employees Division of Energy Employees

Occupational Illness Compensation Occupational Illness Compensation (DEEOIC)(DEEOIC)

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Part B: Who’s Eligible?Part B: Who’s Eligible?

Covered EmployeesCovered Employees

DOE employees or its DOE employees or its contractors/subcontractocontractors/subcontractorsrs

Atomic Weapons Atomic Weapons Employers (AWE)Employers (AWE)

Eligible SurvivorsEligible Survivors

Surviving spouse Surviving spouse Children – Regardless of Children – Regardless of

age age ParentsParents

Beryllium vendors Beryllium vendors (BV)(BV)

RECA Section 5 RECA Section 5 awardeesawardees

Grandchildren Grandchildren GrandparentsGrandparents

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Covered Time Periods Covered Time Periods Eligible employees need to have worked at a covered facility Eligible employees need to have worked at a covered facility

during a covered time period during a covered time period

Lawrence Livermore National LaboratoryLawrence Livermore National Laboratory Location: Livermore, CaliforniaLocation: Livermore, California Covered Time Period: 1950 - PresentCovered Time Period: 1950 - Present

Lawrence Berkeley National LaboratoryLawrence Berkeley National Laboratory Location: Berkeley, CaliforniaLocation: Berkeley, California Covered Time Period: 1942 – PresentCovered Time Period: 1942 – Present

Sandia National Laboratories – LivermoreSandia National Laboratories – Livermore Location: Livermore CaliforniaLocation: Livermore California Covered Time Period: 1956 - PresentCovered Time Period: 1956 - Present

Covered Facility Database: Covered Facility Database: http://www.hss.energy.gov/healthsafety/fwsp/advocacy/faclist /findfacility.cfm/findfacility.cfm

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Means of Verifying Means of Verifying EmploymentEmployment

DOEDOE EE-5 Employment Verification FormEE-5 Employment Verification Form

Oak Ridge Institute for Science and Oak Ridge Institute for Science and Education (ORISE) databaseEducation (ORISE) database

The Center for Construction Research The Center for Construction Research and Training (CPWR)and Training (CPWR)

Corporate Verifiers Corporate Verifiers SSA wage data SSA wage data Other SourcesOther Sources

Including affidavits and records or Including affidavits and records or documents created by state and federal documents created by state and federal agenciesagencies

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Part B: Covered Part B: Covered ConditionsConditions

Radiation induced cancer Radiation induced cancer

Beryllium DiseaseBeryllium Disease Beryllium Sensitivity – Medical Beryllium Sensitivity – Medical

Monitoring OnlyMonitoring Only

Chronic Silicosis (for miners in Chronic Silicosis (for miners in Nevada and Alaska)Nevada and Alaska)

““Supplement” for RECA Section 5 Supplement” for RECA Section 5 uranium workersuranium workers

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Part B: Dose Part B: Dose Reconstruction & Reconstruction &

Probability of CausationProbability of Causation Part B Part B CancerCancer Cases: Cases:

Dose Reconstruction Needed - Conducted Dose Reconstruction Needed - Conducted by NIOSHby NIOSH

Level and extent of occupational radiation Level and extent of occupational radiation dose dose

Probability of Causation (PoC)Probability of Causation (PoC) Scientific calculation of likelihood that Scientific calculation of likelihood that

radiation exposure caused cancerradiation exposure caused cancer NIOSH-IREPNIOSH-IREP PoC - 50% or greater for award PoC - 50% or greater for award

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Part E: Who’s Eligible?Part E: Who’s Eligible?

Eligible Covered EmployeesEligible 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 SurvivorsEligible Survivors Surviving Spouse Surviving Spouse Employee’s Children, if no surviving spouse, and if at Employee’s Children, if no surviving spouse, and if at

the time of the employee’s death the child was:the time of the employee’s death the child was: Under the age of 18Under the age of 18 Under the age of 23 and a full-time student, Under the age of 23 and a full-time student,

continuously enrolled in an educational institution continuously enrolled in an educational institution since age 18since age 18

Any age if medically incapable of self supportAny age if medically incapable of self support

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DOE Contractors DOE Contractors Lawrence Livermore National LaboratoryLawrence Livermore National Laboratory

Location: Livermore, CaliforniaLocation: Livermore, California University of California (1952-2007)University of California (1952-2007) Lawrence Livermore National Security, LLC (2007-Lawrence Livermore National Security, LLC (2007-

present)present)

Lawrence Berkeley National LaboratoryLawrence Berkeley National Laboratory Location: Berkeley, CaliforniaLocation: Berkeley, California University of California (1942 – Present)University of California (1942 – Present)

Sandia National LaboratoriesSandia National Laboratories Location: Livermore, CaliforniaLocation: Livermore, California Lockheed Martin (1995 – Present); Martin Marietta Lockheed Martin (1995 – Present); Martin Marietta

(1993 – 1995); AT&T (1951 – 1993)(1993 – 1995); AT&T (1951 – 1993)

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Part E: Illness from Toxic Part E: Illness from Toxic Exposure Exposure

All conditions (not symptoms of All conditions (not symptoms of conditions) are covered conditions) are covered

Must show that toxic exposure at a covered Must show that toxic exposure at a covered DOE facility was a significant factor in:DOE facility was a significant factor in:

Causing, Contributing to, or Aggravating the Causing, Contributing to, or Aggravating the claimed condition claimed condition

DOL will assist with verifying Part E toxic DOL will assist with verifying Part E toxic exposure exposure

Claimant bears overall burden of proving his or Claimant bears overall burden of proving his or her claimher claim

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Part E: Means of VerifyingPart E: Means of Verifying Toxic Exposure Toxic Exposure

DOL Resource Centers DOL Resource Centers Occupational History Questionnaires Occupational History Questionnaires

(OHQ)(OHQ) Site Exposure Matrices (SEM)Site Exposure Matrices (SEM)

Identifies toxic substances related to labor Identifies toxic substances related to labor categories, processes, buildings, and major categories, processes, buildings, and major incidents incidents

Website available at Website available at www.sem.dol.gov DOE Document Acquisition Request DOE Document Acquisition Request

(DAR)(DAR) Claimant RecordsClaimant Records

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Part E: Employee Impairment Part E: Employee Impairment

Determination of % permanent Determination of % permanent whole person impairment due to whole person impairment due to covered illness covered illness

AMA’s Guides to the Evaluation of AMA’s Guides to the Evaluation of Permanent Impairment, 5Permanent Impairment, 5thth Edition Edition

$2,500 awarded for each % of $2,500 awarded for each % of impairmentimpairment

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Part E: Employee Wage Loss Part E: Employee Wage Loss

Medical evidence must show Medical evidence must show decreased capacity to work decreased capacity to work

Employee Compensation:Employee Compensation:

Any year <50% of the pre-disability Any year <50% of the pre-disability annual wage = $15,000 compensation annual wage = $15,000 compensation

Any year > 50% but <75% of the pre-Any year > 50% but <75% of the pre-disability annual wage = $10,000 disability annual wage = $10,000 compensationcompensation

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BenefitsBenefitsPart BPart B Part EPart E

$150,000 Employee $150,000 Employee + Survivor+ Survivor

Impairment $2,500 Impairment $2,500 per % (Employee)per % (Employee)

$50,000 RECA $50,000 RECA Employee + Employee + SurvivorSurvivor

Wage Loss $10,000 Wage Loss $10,000 -$15,000 per year -$15,000 per year (Employee)(Employee)

$125,000 Survivor $125,000 Survivor (+ lump-sum Wage (+ lump-sum Wage Loss if eligible)Loss if eligible)

$400,000 CAP for B+E combined$400,000 CAP for B+E combined

Medical BenefitsMedical Benefits Broad coverage for medicalBroad coverage for medical treatment treatment

costs linked to accepted work-related costs linked to accepted work-related illness(es)illness(es) Routine medical care - including office visits, Routine medical care - including office visits,

diagnostic services (lab and radiology services)diagnostic services (lab and radiology services) Prescription medicationsPrescription medications Other services including inpatient care, outpatient Other services including inpatient care, outpatient

services (chemotherapy, radiation treatment, etc.)services (chemotherapy, radiation treatment, etc.) Medical travel expenses Medical travel expenses

Transportation, lodging, meals, and misc. expenses Transportation, lodging, meals, and misc. expenses (tolls, parking, baggage, etc.)(tolls, parking, baggage, etc.)

Durable Medical EquipmentDurable Medical Equipment Wheel chairs, hospital beds, oxygen and suppliesWheel chairs, hospital beds, oxygen and supplies

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Medical Benefits Medical Benefits (continued)(continued)

Modification to vehicle or homeModification to vehicle or home Extended care facility Extended care facility

Residential nursing home, assisted living Residential nursing home, assisted living facility, etc.facility, etc.

HospiceHospice Home Health CareHome Health Care (HHC)(HHC)

Skilled nursing-LPN, RN Skilled nursing-LPN, RN Personal assistance-HHA, PCAPersonal assistance-HHA, PCA

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Decision Process Decision Process Recommended Decision – District Office Recommended Decision – District Office

Preliminary determination Preliminary determination Cover letter, decision, and rights to object Cover letter, decision, and rights to object

(oral hearing/review of written record)(oral hearing/review of written record) Final Decision – Final Adjudication Final Decision – Final Adjudication

BranchBranch Affirmation of recommend decision or Affirmation of recommend decision or

remand based on objection/independent remand based on objection/independent review review

Claimant Rights – Reconsideration & Claimant Rights – Reconsideration & ReopeningReopening

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Claimant Responsibilities Claimant Responsibilities

File Claim File Claim Collect/Copy/Submit relevant Collect/Copy/Submit relevant

records 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 – Seek assistance if you need help –

call Resource Center call Resource Center Review decision and information Review decision and information

for appeal for appeal

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Claimant ResourcesClaimant Resources

Resource Centers – 11 locationsResource Centers – 11 locations California Resource Center toll free number: California Resource Center toll free number:

(866) 606-6302(866) 606-6302 District Offices – 4 locations District Offices – 4 locations

Seattle District Office toll free number: (888) Seattle District Office toll free number: (888) 805-3401805-3401

DEEOIC web siteDEEOIC web site http://www.dol.gov/owcp/energy/http://www.dol.gov/owcp/energy/ General program informationGeneral program information SEM website SEM website FormsForms Sample decisionsSample decisions

California California 29 Covered Facilities are located in California 29 Covered Facilities are located in California

including: including:

Area IV of the Santa Susana Area IV of the Santa Susana Field LaboratoryField Laboratory

Arthur D. Little Co.Arthur D. Little Co. Atomics InternationalAtomics International C.L. Hann IndustriesC.L. Hann Industries California Research Corp.California Research Corp. Canoga Avenue FacilityCanoga Avenue Facility Ceradyne, Inc. (Santa Ana)Ceradyne, Inc. (Santa Ana) Ceradyne, Inc. (Costa Mesa)Ceradyne, Inc. (Costa Mesa) City Tool & Die ManufacturingCity Tool & Die Manufacturing De Soto Avenue FacilityDe Soto Avenue Facility Dow Chemical Co.Dow Chemical Co. Downey FacilityDowney Facility EDM ExoticsEDM Exotics

Electro Circuits, Inc.Electro Circuits, Inc. General AtomicsGeneral Atomics General Electric VallecitosGeneral Electric Vallecitos Hafer ToolHafer Tool Hexcel Products, Inc.Hexcel Products, Inc. High Energy Rate Forging High Energy Rate Forging

(HERF) Facility(HERF) Facility Hunter Douglas Aluminum Hunter Douglas Aluminum

Corp.Corp. Laboratory of Biomedical and Laboratory of Biomedical and

Environmental SciencesEnvironmental Sciences Laboratory of Radiobiology Laboratory of Radiobiology

and Environmental Healthand Environmental Health Lawrence Livermore National Lawrence Livermore National

LaboratoryLaboratory

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California California 29 Covered Facilities (cont’d)29 Covered Facilities (cont’d)

LebowLebow Jerry Carroll Machining, Inc.Jerry Carroll Machining, Inc. Lawrence Berkeley National Lawrence Berkeley National

LaboratoryLaboratory Philco-For Pleasanton Tool Philco-For Pleasanton Tool

and Manufacturingand Manufacturing Poltech PrecisionPoltech Precision Robin MaterialsRobin Materials

  Ron Witherspoon, Ron Witherspoon, Inc.Inc.

Sandia Laboratory, Sandia Laboratory, Salton Sea BaseSalton Sea Base

Sandia National Sandia National Laboratories—Laboratories—LivermoreLivermore

Stanford Linear Stanford Linear Accelerator CenterAccelerator Center

Stauffer Metals, Inc.Stauffer Metals, Inc. TapemationTapemation

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Covered Covered Facilities Facilities Website:Website:

http://www.hss.energy.gov/http://www.hss.energy.gov/healthsafety/fwsp/advocacy/faclist/healthsafety/fwsp/advocacy/faclist/

findfacility.cfmfindfacility.cfm

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EEOICPA CompensationEEOICPA Compensation

$9.7 Billion Total $9.7 Billion Total Compensation Compensation

$5 Billion Part B$5 Billion Part B

$3 Billion Part E$3 Billion Part E

$1.6 Billion $1.6 Billion Medical Medical

Data as of August 30, 2013

District Office Jurisdictional District Office Jurisdictional MapMap

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JOINT OUTREACH TASK GROUP MEETING

LIVERMORE & EMERYVILLE CALIFORNIA

SEPTEMBER 17, 2013

OFFICE OF THE OMBUDSMANFOR

EEOICPA

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

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 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.

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

OMBUDSMAN ASSISTANCE

When the Office receives complaints, grievances and request 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 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:

1. Sponsoring town hall meetings.

2. Participating in DEEOIC sponsored town hall meetings and traveling resource centers.

3. Offering opportunities for individuals to speak one-on-one with the Ombudsman staff.

4. Coordinating efforts with the Joint Outreach Task Group (JOTG).

OFFICE OF THE OMBUDSMAN

Limitations – the Office cannot:

o Rule or make decisions on claims.o Make DEEOIC reverse or change a decision.o Make Congress revise the EEOICPA.o Take DEEOIC to court.o Lobby Congress.o Act as an advocate.

OMBUDSMAN CONTACT INFORMATION

Mail: U.S. Department of LaborOffice of the Ombudsman200 Constitution Ave., NW Room N-2454

Washington, D.C. 20210

Toll Free: 1-877-662-8363Email: ombudsman@dol.govWebsite: www.dol.gov/eeombd

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

September 2013

39

Energy Employees Occupational Illness Compensation Program

Act (EEOICPA)

4040

DOE’s Core Mandate

Work on behalf of the program claimants to ensure that all available worker and facility records and data are provided to DOL, NIOSH, and the Advisory Board.

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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

4444

FWP Background

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

4545

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.

Worker Health Protection Program

Queens College,

City University of New York

A Medical Screening Program for

Former DOE Production Workers

Public Meetings

September 17, 2013

Program Goals

• The early identification of illnesses related to workplace exposures, such as radiation, asbestos, beryllium, solvents, lasers, lead, noise and other chemical hazards

Program Goals

• Identify and notify former workers at risk for selected occupational diseases.

• Offer medical screening that can lead to diagnosis and treatment for work-related illnesses such as asbestosis, chronic beryllium disease, emphysema, hearing loss, and various cancers.

• Tests may include: chest x-ray, beryllium sensitivity test, hearing and vision tests, blood lead and a general health exam.

• Offer and encourage repeat examinations once every three years

Worker Health Protection Program Overview

•Screening is available to former LLNL, LBNL or SNL workers who worked for one year or more cumulative or ever worked in construction or maintenance in the labs

•Independent occupational health physicians at Queens College will review your results and provide you with a detailed follow-up letter.

•Provide information and assistance about medical follow-up and compensation, including Energy Employees Occupational Illness Compensation Program (EEOICPA).

•

Worker Health Protection Program Overview

• Partner with Kaiser Permanente Occupational Health Clinics

• Screenings available at: Livermore, Antioch, Oakland, Stockton and Roehnert Park Kaiser Clinics

Worker Health Protection Program Overview

• Active at 13 DOE sites, over 29,000 participants to date nationwide

• Began screening N. Cali workers in 2007

• 2,225 N. Cali workers screened through 9/1/2013

• Introducing SLAC facility in 2014

Worker Health Protection Program Contact

• Appointment information: 1-866-460-0628

• Other program information:718-670-4228

• www.worker-health.org

• Table set up in entrance

Questions????Questions????