Joint Outreach Task Group of programs assisting DOE Workers Public Meetings September 17, 2013 Livermore, CA Emeryville, CA

Administrative Issues Emergency Exits Emergency Exits Rest Rooms Rest Rooms Photos Photos Cell Phones Cell Phones

Today’s Agenda 1. Introductions 2. Overview of the EEOIC Program - Part B and Part E 3. Overview of the EEOICPA Ombudsman 4. Former Worker Medical Screening Program + Worker Health Protection Program 5. Questions & Answers 6. Opportunity to Meet with Various Representatives

Presenters & Attendees Presenters: ■ Department of Labor ■ EEOICPA Office of the Ombudsman ■ DOE Former Worker Medical Screening Program ■ Worker Health Protection Program Attendees: ■ DOL California Resource Center ■ NIOSH

Energy Employees Occupational Illness Compensation Program Joint Outreach Task Group Meeting Livermore, CA & Emeryville, CA September 17, 2013

5 Administration of the EEOICPA Part B (October 2000) Part B (October 2000) Part E (October 2004) Part E (October 2004) Department of Labor administers the EEOICPA Department of Labor administers the EEOICPA Division of Energy Employees Occupational Illness Compensation (DEEOIC) Division of Energy Employees Occupational Illness Compensation (DEEOIC)

6 Part B: Who’s Eligible? Covered Employees Covered Employees DOE employees or its contractors/subcontractors DOE employees or its contractors/subcontractors Atomic Weapons Employers (AWE) Atomic Weapons Employers (AWE) Eligible Survivors Eligible Survivors Surviving spouse Surviving spouse Children – Regardless of age Children – Regardless of age Parents Parents Beryllium vendors (BV) RECA Section 5 awardees Grandchildren Grandparents

77 Covered Time Periods Eligible employees need to have worked at a covered facility during a covered time period Eligible employees need to have worked at a covered facility during a covered time period Lawrence Livermore National Laboratory Lawrence Livermore National Laboratory Location: Livermore, California Location: Livermore, California Covered Time Period: Present Covered Time Period: Present Lawrence Berkeley National Laboratory Lawrence Berkeley National Laboratory Location: Berkeley, California Location: Berkeley, California Covered Time Period: 1942 – Present Covered Time Period: 1942 – Present Sandia National Laboratories – Livermore Sandia National Laboratories – Livermore Location: Livermore California Location: Livermore California Covered Time Period: Present Covered Time Period: Present Covered Facility Database: Covered Facility Database: /findfacility.cfm /findfacility.cfm

88 Means of Verifying Employment DOE DOE EE-5 Employment Verification Form EE-5 Employment Verification Form Oak Ridge Institute for Science and Education (ORISE) database Oak Ridge Institute for Science and Education (ORISE) database The Center for Construction Research and Training (CPWR) The Center for Construction Research and Training (CPWR) Corporate Verifiers Corporate Verifiers SSA wage data SSA wage data Other Sources Other Sources Including affidavits and records or documents created by state and federal agencies Including affidavits and records or documents created by state and federal agencies

9 Part B: Covered Conditions Radiation induced cancer Radiation induced cancer Beryllium Disease Beryllium Disease Beryllium Sensitivity – Medical Monitoring Only Beryllium Sensitivity – Medical Monitoring Only Chronic Silicosis (for miners in Nevada and Alaska) Chronic Silicosis (for miners in Nevada and Alaska) “Supplement” for RECA Section 5 uranium workers “Supplement” for RECA Section 5 uranium workers

10 Part B: Dose Reconstruction & Probability of Causation Part B Cancer Cases: Part B Cancer Cases: Dose Reconstruction Needed - Conducted by NIOSH Dose Reconstruction Needed - Conducted by NIOSH Level and extent of occupational radiation dose Level and extent of occupational radiation dose Probability of Causation (PoC) Probability of Causation (PoC) Scientific calculation of likelihood that radiation exposure caused cancer Scientific calculation of likelihood that radiation exposure caused cancer NIOSH-IREP NIOSH-IREP PoC - 50% or greater for award PoC - 50% or greater for award

11 Part E: Who’s Eligible? Eligible Covered Employees Eligible 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 Survivors Eligible Survivors Surviving Spouse Surviving Spouse Employee’s Children, if no surviving spouse, and if at the time of the employee’s death the child was: Employee’s Children, if no surviving spouse, and if at the time of the employee’s death the child was: Under the age of 18 Under the age of 18 Under the age of 23 and a full-time student, continuously enrolled in an educational institution since age 18 Under the age of 23 and a full-time student, continuously enrolled in an educational institution since age 18 Any age if medically incapable of self support Any age if medically incapable of self support

12 DOE Contractors Lawrence Livermore National Laboratory Lawrence Livermore National Laboratory Location: Livermore, California Location: Livermore, California University of California ( ) University of California ( ) Lawrence Livermore National Security, LLC (2007- present) Lawrence Livermore National Security, LLC (2007- present) Lawrence Berkeley National Laboratory Lawrence Berkeley National Laboratory Location: Berkeley, California Location: Berkeley, California University of California (1942 – Present) University of California (1942 – Present) Sandia National Laboratories Sandia National Laboratories  Location: Livermore, California  Lockheed Martin (1995 – Present); Martin Marietta (1993 – 1995); AT&T (1951 – 1993)

13 Part E: Illness from Toxic Exposure All conditions (not symptoms of conditions) are covered All conditions (not symptoms of conditions) are covered Must show that toxic exposure at a covered DOE facility was a significant factor in: Must show that toxic exposure at a covered DOE facility was a significant factor in: Causing, Contributing to, or Aggravating the claimed condition Causing, Contributing to, or Aggravating the claimed condition DOL will assist with verifying Part E toxic exposure DOL will assist with verifying Part E toxic exposure Claimant bears overall burden of proving his or her claim Claimant bears overall burden of proving his or her claim

14 Part E: Means of Verifying Toxic Exposure DOL Resource Centers DOL Resource Centers Occupational History Questionnaires (OHQ) Occupational History Questionnaires (OHQ) Site Exposure Matrices (SEM) Site Exposure Matrices (SEM) Identifies toxic substances related to labor categories, processes, buildings, and major incidents Identifies toxic substances related to labor categories, processes, buildings, and major incidents Website available at Website available at DOE Document Acquisition Request (DAR) DOE Document Acquisition Request (DAR) Claimant Records Claimant Records

15 Part E: Employee Impairment Determination of % permanent whole person impairment due to covered illness Determination of % permanent whole person impairment due to covered illness AMA’s Guides to the Evaluation of Permanent Impairment, 5 th Edition AMA’s Guides to the Evaluation of Permanent Impairment, 5 th Edition $2,500 awarded for each % of impairment $2,500 awarded for each % of impairment

16 Part E: Employee Wage Loss Medical evidence must show decreased capacity to work Medical evidence must show decreased capacity to work Employee Compensation: Employee Compensation: Any year <50% of the pre-disability annual wage = $15,000 compensation Any year <50% of the pre-disability annual wage = $15,000 compensation Any year > 50% but 50% but <75% of the pre-disability annual wage = $10,000 compensation

17 Benefits Part B Part E $150,000 Employee + Survivor Impairment $2,500 per % (Employee) $50,000 RECA Employee + Survivor Wage Loss $10,000 - $15,000 per year (Employee) $125,000 Survivor (+ lump-sum Wage Loss if eligible) $400,000 CAP for B+E combined

Medical Benefits Broad coverage for medical treatment costs linked to accepted work-related illness(es) Broad coverage for medical treatment costs linked to accepted work-related illness(es) Routine medical care - including office visits, diagnostic services (lab and radiology services) Routine medical care - including office visits, diagnostic services (lab and radiology services) Prescription medications Prescription medications Other services including inpatient care, outpatient services (chemotherapy, radiation treatment, etc.) Other services including inpatient care, outpatient services (chemotherapy, radiation treatment, etc.) Medical travel expenses Medical travel expenses Transportation, lodging, meals, and misc. expenses (tolls, parking, baggage, etc.) Transportation, lodging, meals, and misc. expenses (tolls, parking, baggage, etc.) Durable Medical Equipment Durable Medical Equipment Wheel chairs, hospital beds, oxygen and supplies Wheel chairs, hospital beds, oxygen and supplies 18

Medical Benefits (continued) Modification to vehicle or home Modification to vehicle or home Extended care facility Extended care facility Residential nursing home, assisted living facility, etc. Residential nursing home, assisted living facility, etc. Hospice Hospice Home Health Care (HHC) Home Health Care (HHC) Skilled nursing-LPN, RN Skilled nursing-LPN, RN Personal assistance-HHA, PCA Personal assistance-HHA, PCA 19

20 Decision Process Recommended Decision – District Office Recommended Decision – District Office Preliminary determination Preliminary determination Cover letter, decision, and rights to object (oral hearing/review of written record) Cover letter, decision, and rights to object (oral hearing/review of written record) Final Decision – Final Adjudication Branch Final Decision – Final Adjudication Branch Affirmation of recommend decision or remand based on objection/independent review Affirmation of recommend decision or remand based on objection/independent review Claimant Rights – Reconsideration & Reopening Claimant Rights – Reconsideration & Reopening

21 Claimant Responsibilities File Claim File Claim Collect/Copy/Submit relevant records Collect/Copy/Submit relevant 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 – call Resource Center Seek assistance if you need help – call Resource Center Review decision and information for appeal Review decision and information for appeal

22 Claimant Resources Resource Centers – 11 locations Resource Centers – 11 locations California Resource Center toll free number: (866) California Resource Center toll free number: (866) District Offices – 4 locations District Offices – 4 locations Seattle District Office toll free number: (888) Seattle District Office toll free number: (888) DEEOIC web site DEEOIC web site General program information General program information SEM website SEM website Forms Forms Sample decisions Sample decisions

California 29 Covered Facilities are located in California including: Area IV of the Santa Susana Field Laboratory Area IV of the Santa Susana Field Laboratory Arthur D. Little Co. Arthur D. Little Co. Atomics International Atomics International C.L. Hann Industries C.L. Hann Industries California Research Corp. California Research Corp. Canoga Avenue Facility Canoga Avenue Facility Ceradyne, Inc. (Santa Ana) Ceradyne, Inc. (Santa Ana) Ceradyne, Inc. (Costa Mesa) Ceradyne, Inc. (Costa Mesa) City Tool & Die Manufacturing City Tool & Die Manufacturing De Soto Avenue Facility De Soto Avenue Facility Dow Chemical Co. Dow Chemical Co. Downey Facility Downey Facility EDM Exotics EDM Exotics Electro Circuits, Inc. General Atomics General Electric Vallecitos Hafer Tool Hexcel Products, Inc. High Energy Rate Forging (HERF) Facility Hunter Douglas Aluminum Corp. Laboratory of Biomedical and Environmental Sciences Laboratory of Radiobiology and Environmental Health Lawrence Livermore National Laboratory 23

California 29 Covered Facilities (cont’d) Lebow Lebow Jerry Carroll Machining, Inc. Jerry Carroll Machining, Inc. Lawrence Berkeley National Laboratory Lawrence Berkeley National Laboratory Philco-For Pleasanton Tool and Manufacturing Philco-For Pleasanton Tool and Manufacturing Poltech Precision Poltech Precision Robin Materials Robin Materials  Ron Witherspoon, Inc.  Sandia Laboratory, Salton Sea Base  Sandia National Laboratories—Livermore Stanford Linear Accelerator Center Stauffer Metals, Inc. Tapemation 24

Covered Facilities Website: advocacy/faclist/findfacility.cfm 25

26 EEOICPA Compensation $9.7 Billion Total Compensation $9.7 Billion Total Compensation $5 Billion Part B $5 Billion Part B $3 Billion Part E $3 Billion Part E $1.6 Billion Medical $1.6 Billion Medical Data as of August 30, 2013

District Office Jurisdictional Map

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JOINT OUTREACH TASK GROUP MEETING LIVERMORE & EMERYVILLE CALIFORNIA SEPTEMBER 17, 2013 O FFICE OF THE O MBUDSMAN FOR 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 Labor Office of the Ombudsman 200 Constitution Ave., NW Room N-2454 Washington, D.C Toll Free: Website:

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

38 Energy Employees Occupational Illness Compensation Program Act (EEOICPA)

39 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.

40 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.

41 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.

42 Former Worker Medical Screening Program

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

44 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 ,225 N. Cali workers screened through 9/1/2013 Introducing SLAC facility in 2014

Worker Health Protection Program Contact Appointment information: Other program information: Table set up in entrance

Questions???? Questions????