FAQs: Responsibilities under Subtitle B of EEOICPA (The Act)

What is Battelle?

Battelle is a global science and technology enterprise that develops and commercializes technology and manages laboratories for customers. Battelle teams with more than 800 federal, state and local government agencies, providing science and technology in the areas of national security, homeland defense, health and life sciences, energy, transportation, and environment.

Additional information can be found on the Battelle Website.

What was Battelle's responsibility under Part B of the Act?

On October 12, 2005, NIOSH awarded a one-year, task-order contract to Battelle to support NIOSH's responsibilities under Part B of the Act. The contract was extended, at no additional cost, to May 31, 2007.

During the time Battelle was a contractor for NIOSH, they assisted in the dose reconstruction program by:

• Evaluating radiological data and conditions at specified work sites listed in the contract.
• Developing Technical Basis Documents (exposure models) for the work sites where adequate information exists.
• Completing the dose reconstructions for cases from each of the work sites where a Technical Basis Document has been developed.
• Identifying the work sites where there is inadequate information on the radiological conditions.

What is the Department of Energy (DOE)?

DOE is the United States government's principal agency that strives to advance the national, economic and energy security of the United States; promote scientific and technological innovation in support of that mission; and ensure the environmental cleanup of the national nuclear weapons complex.

Additional information can be found on DOE's Website.

What is DOE's responsibility under Part B of the Act?

DOE works with DOE contractors, subcontractors, and designated beryllium vendors to provide worker and facility records and data requested by DHHS or DOL. In addition, DOE maintains a list of facilities covered under the Act. This list is published in the Federal Register and is periodically updated.

In addition to periodic publication of the list in the Federal Register, DOE also maintains the searchable covered facility database. This database contains additional information pertaining to each of the facilities noted in the Federal Register, including years of activity and a general overview of facility activities.

DOE's Facility List Database

Additional information on DOE's role under the Act can be found on their Office of Health, Safety and Security Website. They also have a video (Joint Outreach Task Group Video Series: NIOSH's Role in EEOICPA – Part B) that provides an overview of their role.

What is the Department of Health and Human Services (DHHS)?

DHHS is the United States government's principal agency that strives to protect the health of all Americans and provides essential human services, especially for those who are least able to help themselves.

Additional information can be found on the DHHS Website.

What is DHHS' responsibility under Subtitle B of EEOICPA (the Act)?

Under Part B of the Act, DHHS was responsible for establishing procedures for estimating radiation doses, developing guidelines to determine the probability that a cancer was "at least as likely as not" caused by the exposure to radiation (Probability of Causation), estimating radiation doses (Dose Reconstruction), and determining a petition process outlining the procedures for adding classes of employees to the Special Exposure Cohort. DHHS delegated its duties to one of its agencies, the National Institute for Occupational Safety and Health (NIOSH).

Additional information on DHHS' role under Part B of the Act can be found on our website on the About DCAS page. There is also a video on DOE's Website (Joint Outreach Task Group Video Series: NIOSH's Role in EEOICPA – Part B) that provides an overview of our role.

What is the Department of Justice (DOJ)?

DOJ is the United States government's principal agency that strives to enforce the law and defend the interests of the United States according to the law; ensure public safety against threats foreign and domestic; provide Federal leadership in preventing and controlling crime; seek just punishment for those guilty of unlawful behavior; administer and enforce the Nation's immigration laws fairly and effectively; and ensure fair and impartial administration of justice for all Americans.

Additional information can be found on the DOJ Website.

What is DOJ's responsibility under Part B of the Act?

The Act pays workers who were approved for compensation under Section 5 of Radiation Exposure Compensation Act (RECA) program (managed by DOJ), or their eligible survivors, an additional $50,000 and future medical benefits related to the condition for which they were approved for compensation under RECA. Although the Act extends additional compensation and benefits to RECA section 5 claimants, individuals filing under RECA section 4 may have independently valid claims under the Act. Part B of the Act provides a lump sum payment of $150,000 and payment of medical benefits for the condition for which the claim is approved to those individuals who were employees of DOE or DOE contractors or subcontractors and subsequently contracted a specified illness, or the eligible surviving beneficiaries of those employees.

RECA provides for compassionate payments to individuals who contracted certain cancers and other serious diseases as a result of their exposure to radiation released during above-ground nuclear weapons tests or as a result of their exposure to radiation during employment in underground uranium mines. This program provides compensation benefits for uranium miners and millers, as well as to 'downwinders' from atmospheric tests of nuclear weapons. DOJ is responsible for notifying uranium workers eligible for benefits under the RECA that they may also receive compensation from DOL under the Act.

For additional information about RECA, please contact DOJ at:

U.S. Department of Justice
Radiation Exposure Compensation Program
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
1-800-729-RECP
(1-800-729-7327)
civil.reca@usdoj.gov

Additional information on DOJ's role under the Act can be found on the DOJ RECA Website.

What is the Department of Labor (DOL)?

DOL is the government's principal agency responsible for fostering and promoting the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions; advancing their opportunities for profitable employment; protecting their retirement and health care benefits; helping employers find workers; strengthening free collective bargaining; and tracking changes in employment, prices, and other national economic measurements. In carrying out this mission, DOL administers a variety of Federal labor laws including those that guarantee workers' rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support.

Additional information can be found on the DOL Website.

What is DOL's responsibility under Subtitle B of EEOICPA (the Act)?

Under Part B of the Act, DOL provides federal compensation of $150,000 and under certain criteria, payment of medical expenses to the DOE nuclear weapons production and testing program workers (including certain contractors, subcontractors, and atomic weapons employers) or their eligible survivors. Compensation of $50,000 and payment of medical expenses is also available for uranium workers (or their survivors) previously awarded benefits by the Department of Justice under Section 5 of the Radiation Exposure Compensation Act. Employees of DOE, its contractors and subcontractors who were exposed to beryllium on the job and now have beryllium sensitivity will receive medical monitoring to check for Chronic Beryllium Disease.

DOL is responsible for the receipt and overall management of claims under Subtitle B, and determines whether an individual's cancer was "at least as likely as not" caused by occupational exposure to radiation. Once a claim is filed, DOL determines if the employee worked at a covered facility during a covered time period and has a qualifying health condition. If the health condition in the claim is cancer, the case is then sent to NIOSH for dose reconstruction. Once the dose reconstruction is completed by NIOSH, the case is returned to DOL. At that time, DOL will determine whether or not the cancer was "at least as likely as not" caused by exposure to radiation during employment at a covered facility. Based upon this determination, DOL will either award or deny compensation.

Additional information on DOL's role under the Act can be found on the DOL EEOICP Website. There is also a video on DOL's Website (Joint Outreach Task Group Video Series: NIOSH's Role in EEOICPA – Part B) that provides an overview of their role.

What is the Division of Compensation Analysis and Support (DCAS)?

NIOSH established DCAS in support of the duties assigned to the Secretary of the Department of Health and Human Services (DHHS) and delegated to NIOSH, under the Act. DCAS works closely with DOE, DOL, and Department of Justice.

What is DCAS' responsibility under Part B of the Act?

DCAS conducts activities to assist claimants and support the role of the Secretary of DHHS under the Act.

Under the Act, DCAS has:

• Developed scientific guidelines to determine the likelihood that a DOE or AWE (Atomic Weapons Employer) employee's cancer is related to their occupational exposure to ionizing radiation (Probability of Causation).

• Developed methods to estimate worker exposure to radiation (Dose Reconstruction).

• Used the dose reconstruction regulations to develop estimates of radiation dose for workers who have applied for compensation.

• Established a process by which classes of workers can be considered for inclusion in a Special Exposure Cohort (SEC).

• Provided staff support for an independent Advisory Board that (1) advises on the methods, guidelines, and the program mentioned above, and (2) makes recommendations to DHHS on petitions by classes of workers to be designated as members of the SEC.

Additional information about NIOSH/DCAS' role under Part B of the Act can be found on our website on the About DCAS page. There is also a video on DOE's Website (Joint Outreach Task Group Video Series: NIOSH's Role in EEOICPA – Part B) that provides an overview of our role.

What is the National Institute for Occupational Safety and Health (NIOSH)?

NIOSH is part of the Centers for Disease Control (CDC), an agency of the Department of Health and Human Services (DHHS). NIOSH is the Federal agency responsible for conducting research and making recommendations for the prevention of work-related injury and illness.

NIOSH was established to help assure safe and healthful working conditions for working men and women by providing research, information, education, and training in the field of occupational safety and health. NIOSH provides national and world leadership to prevent work-related illness, injury, disability, and death by gathering information, conducting scientific research, and translating the knowledge gained into products and services. NIOSH's mission is critical to the health and safety of every American worker.

Additional information can be found on the NIOSH Website.

What is NIOSH's responsibility under Subtitle B of EEOICPA (the Act)?

NIOSH conducts activities to assist claimants and support the role of the Secretary of DHHS. NIOSH is primarily responsible for conducting occupational dose reconstructions, as defined under Part B of the Act, for cancer claims and for overseeing the petition process for adding additional classes of employees under the Special Exposure Cohort (SEC).

Under the Act, NIOSH has:

• Developed scientific guidelines to determine the likelihood that a DOE or AWE (Atomic Weapons Employer) employee's cancer is related to their occupational exposure to ionizing radiation (Probability of Causation).

• Developed methods to estimate worker exposure to radiation (Dose Reconstruction).

• Used the dose reconstruction regulations to develop estimates of radiation dose for workers who have applied for compensation.

• Oversaw a process by which classes of workers can be considered for inclusion in a Special Exposure Cohort (SEC).

• Provided staff support for an independent Advisory Board that (1) advises on the methods, guidelines, and the program mentioned above, and (2) makes recommendations to DHHS on petitions by classes of workers to be designated as members of the SEC.

Additional information about NIOSH's role under Part B of the Act can be found on our website on the About DCAS page. There is also a video on DOE's Website (Joint Outreach Task Group Video Series: NIOSH's Role in EEOICPA – Part B) that provides an overview of our role.

What is Oak Ridge Associated Universities (ORAU)?

ORAU is a university consortium that aims to advance scientific research and education through academic partnerships with national laboratories, government agencies, and private industry. ORAU manages the Oak Ridge Institute for Science and Education (ORISE). ORISE is a DOE facility focusing on scientific initiatives to research health risks from occupational hazards, assess environmental cleanup, respond to radiation medical emergencies, support national security and emergency preparedness.

Additional information can be found on the ORAU Website.

What is ORAU's responsibility under Part B of the Act?

On April 27, 2009, NIOSH awarded a contract for support of NIOSH activities under EEOICPA to a team led by Oak Ridge Associated Universities (ORAU), based out of Oak Ridge, Tennessee. This contract is the second contract awarded to the ORAU team to support EEOICPA activities. The contract is designed as a one-year contract with four one-year options.

ORAU and its partners, Dade Moeller & Associates, Inc., and MJW Technical Services Inc., provide services to NIOSH DCAS in the following areas:

• Database management
• Data collection related to claims and petitions
• Dose reconstruction research
• Claimant Interviews
• Technical and program management support

Additional information on ORAU's role under Part B of the Act can be found on our Dose Reconstruction Support Contractor Information page and on the ORAU Team Dose Reconstruction Project for NIOSH Website.

What is Sanford Cohen & Associates (SC&A)?

SC&A is a company that specializes in the assessment of radiation and radioactive materials in the workplace and environment and its associated risks to workers and the public health. SC&A's corporate headquarters is located in McLean, Virginia, with regional offices in Montgomery, Alabama, and St. Louis Missouri. SC&A's principal client is the Federal government, although the company has conducted projects for State environmental agencies and private sector clients. SC&A has experience in radiological dose and risk assessment, dose reconstruction, environmental restoration and waste management, radiation sciences, health and safety analysis, public outreach, geographical information systems, and information management.

What is SC&A's responsibility under Part B of the Act?

SC&A was contracted to support the Advisory Board on Radiation and Worker Health's activities. Under the Act, the Advisory Board is required to review a reasonable sample of dose reconstructions for scientific validity and quality, assess the methods for dose reconstruction, and review Special Exposure Cohort (SEC) petitions. To assist the Advisory Board in these efforts, SC&A will provide the support services required to conduct task orders that may include, but not be limited to, the activities listed below:

• Individual Dose Reconstruction reviews
• NIOSH Site Profile and Technical Document reviews
• SEC petition reviews

The contractor's staff, working under guidelines established by the Advisory Board, has access to DOE sites, to the sites' operational history experts, and to appropriate records maintained at the sites or by DOE. Security clearances are also used by some contractor staff to examine classified information.

Additional information on SC&A's role under Part B of the Act can be found on the Technical Support for the Board's Review of NIOSH Dose Reconstruction Program page of our website.