Status of Upcoming SEC Petiti

LaVon B. Rutherford, CHP

National Institute for Occupational Safety and Health

Division of Compensation Analysis and Support

June 2012

Santa Fe, NM
Purpose

 Provide an update to the Advisory Board on 

current number of qualified petitions under

evaluation and sites being evaluated throug

83.14 process.

 Provide SEC information to the Advisory Boa

support of its preparations for future Work G

sessions and Advisory Board meetings.
SEC Summary Table

(as of June 12, 2012)

 Petitions received  Petitions in qualification process  Petitions qualified for evaluation 

• NIOSH evaluation in progress 5

• NIOSH evaluation completed 120

– SEC Evaluation Reports

with the Advisory Board

for recommendation 12

 Petitions not qualifying for evaluation Note: Petitions not qualifying include five petitions received prio

rule becoming final and Petition 34 where the site was de‐
SEC Petition Evaluations Presen

at this Board Meeting

 Winchester Engineering and Analytical Cent Hanford Clarksville Modification Center Medina Modification Center

 Titanium Alloys Manufacturing
SEC Petition Currently in the

Evaluation Process

 Oak Ridge National Laboratory (ORNL)

• Location: Oak Ridge, TN

• Class being evaluated: All employees who worke

ORNL from January 1, 1943 through December 3

• Date received: July 18, 2011

• Expected completion: August 2012

—Data became available in May that was not previously 

A determination was made that we should review the 

to completing the evaluation.
SEC Petition Currently in the

Evaluation Process—cont.

 Rocky Flats Plant

• Location: Golden, CO

• Class being evaluated: All employees who worke

Rocky Flats Plant from January 1, 1972 through

December 31, 1989

• Date received: August 23, 2011

• Expected completion: August 2012
SEC Petition Currently in the

Evaluation Process—cont.

 Nuclear Metals, Inc.

• Location: Concord, MA

• Class being evaluated: All employees who worke

Nuclear Metals, Inc. from January 1, 1958 throug

December 31, 1983

• Date received: October 20, 2011

• Expected completion: September 2012
SEC Petition Currently in the

Evaluation Process—cont.

 Ventron Corporation

• Location: Beverly, Massachusetts

• Class being evaluated: All Employees who worke

Ventron Corporation from January 1, 1942 throu

December 31, 1948

• Date received: December 5, 2011

• Expected completion: June 2012
SEC Petition Currently in the

Evaluation Process—cont.

 Joslyn Manufacturing and Supply Company

• Location: Fort Wayne, IN

• Class being evaluated: All employees who worke

Joslyn Manufacturing and Supply Company from 

1, 1944 to December 31, 1952

• Date received: March 15, 2012

• Expected completion: September 2012
Petition Qualification

 As noted earlier, 73 of the 202 petitions did 

qualify for evaluation

 Major reasons petitions did not qualify are:

• Petition basis not met (48)• Petitioning for multiple sites or site is not an aut

site (8)

• Petitioner withdrew petition (6)

• Petitioning for a site that’s already covered by a
Petition Basis

 A description of the basis for believing recor

information available are inadequate to esti

radiation doses, based on one of the followi

• Lack of monitoring• Destruction, falsification, or loss of records

• Expert report• Scientific or technical report

Note: Documentation or statements in the form of an affidavit m

provided to support the first two categories
Petition Basis—cont.

 Federal Regulation criteria:

• Lack of monitoring – radiation exposures and do

members of the proposed class were not monito

either through personal or area monitoring

• Destruction, falsification, or loss of records – rad

monitoring records for members of the class hav

lost, falsified, or destroyed
Petition Basis—cont.

 Federal Regulation criteria:

• Expert Report – A report from a health physicist 

individual with expertise in dose reconstruction

documenting the limitations of existing DOE or A

records on radiation exposures at the facility, as 

to the petition. This report should specify the b

believing these documented limitations might p

completion of dose reconstructions for member

class.
Petition Basis—cont.

 Federal Regulation criteria:

• Scientific or technical report – a scientific or tech

report published or issued by a government age

Executive Branch of government or the General

Accounting Office, Nuclear Regulatory Commiss

Defense Nuclear Facilities Safety Board, or publi

peer‐reviewed journal, that identifies dosimetry related information that are unavailable for esti

the radiation doses of employees covered by the