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Answers to Questions regarding the Advisory Board – Updated 8/10/2015

Answers to Questions Received regarding 

the Advisory Board on Toxic Substances and Worker Health

(Note: These questions were directed to the Designated Federal Official. His answers appear 

below.)

Q1 The Advisory Board Charter does not delineate the tasking of the Advisory Board. 

Can you clarify what tasks have been assigned to the Advisory Board?

• The charter was written in accordance with the legislation and the Executive Order that 

state four specific duties of the advisory board. The Advisory Board shall advise the 

Secretary of Labor with respect to:

o (i) the site exposure matrices of the Department of Labor;

o (ii) medical guidance for claims examiners for claims under subtitle E of the 

Energy Employees Occupational Illness Compensation Program Act of 2000 

(EEOICPA) with respect to the weighing of the medical evidence of claimants;

o (iii) evidentiary requirements for claims under EEOICPA subtitle B related to 

lung disease; and

o (iv) the work of industrial hygienists, staff physicians, and consulting physicians 

of the Department of Labor and reports of such hygienists and physicians to 

ensure quality, objectivity, and consistency.

• Since the board has been established under the Federal Advisory Committee Act 

(FACA), DOL will follow the requirements of the FACA. These requirements are 

described in the final rule on Federal Advisory Committee Management 41 CFR Parts 

101-6 and 102-3. We expect that the agendas will be developed in a collegial fashion 

consistent with FACA requirements. 

Q2 The FRN for the nomination process states a candidate should provide " Any familiarity, 

experience, or history of participation with the EEOICPA program or with administering a 

technically complex compensation program such as EEOICPA." The law doesn't provide for 

someone who administered a compensation program to be eligible to serve on the Board.

Why was this criteria included?

• It is not a criteria, but simply information that could be considered. Familiarity with the 

EEOICPA program or other complex compensation programs may assist a board member 

in providing advice.

Q3 Can the Advisory Board Charter be changed?

• The charter is largely prescribed by FACA and the implementing regulations and it 

reflects the duties that Congress assigned the board by statute. The charter can be 

amended to make technical corrections or if the authorizing statute is amended.
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Answers to Questions regarding the Advisory Board – Updated 8/10/2015

Q4 What is the role of the Designated Federal Official (DFO)?

• The responsibilities of the DFO are delineated in the FACA. Those responsibilities are 

primarily administrative in nature and include:

o (a) Approve or call the meeting of the advisory committee or subcommittee;

o (b) Approve the agenda;

o (c) Attend the meetings;

o (d) Adjourn any meeting when he or she determines it to be in the public interest; 

o The DFO is also responsible for coordinating administrative support required by 

the board.

o The DFO will work collegially with the chair and the members to carry out these 

responsibilities.

Q5 Can an individual whose 501 (C) (3) received donations from home health care or 

DME companies serve on the board?

• We are aware that the conflict of interest provisions contained in the Advisory Board may 

require clarification for specific situations. At this time we are encouraging the 

submission of all nominations and supporting materials. The Department of Labor will 

review and assess the application of the conflict requirements for each applicant during 

the review process.

Q6 Can a worker/claimant or family member claimant serve on the board without having 

their benefits suspended?

• All questions of this type that involve an individual’s eligibility for EEOICPA benefits 

should be directed to the Division of Energy Employees Occupational Illness 

Compensation. 

Q7 How will the work of the Board be supported administratively?

• OWCP has assigned dedicated staff to carry out the administrative work of the board and

is considering utilizing a contract for some support functions to the board. Anticipated 

costs will depend on the requirements of the Board.