Executive Summary/Minutes October 28-29, 2003

NIOSH/CDC Advisory Board on Radiation and Worker Health

the sense of the Board. It is Mr. Blliott's prerogative to use it or

not use it, as he sees fit.

The motion that NIOSH develop a program for public

and site expert participation in development of

site profiles was passed.

*****

WORKING GROUP ON OPTIONS

FOR EVALUATING CLAIMANT INTERVIEWS

Dr. James Melius

Workgroup Chair

Dr. James Melius reported that the working group had met with NIOSH

staff by conference call and requested certain materials. Those items

had been provided yesterday when the working group again met briefly.

Dr. Melius described how the working group planned to approach their

evaluation of the process. No recommendations were available at this

time, but are expected to be provided at the December meeting.

*****

RESEARCH ISSUES

Mr. Russ Henshaw

NIOSH/OCAS

Mr. Russ Benshaw presented considerations for adopting and

implementing modifications to cancer risk models and an update on

research topics. He described some differences between the NIOSH-IREP

and NIH-lREP models.

Mr. HeDshaw explained that the interpretation of research findings is

complex. When NIOSH last year observed that the thyroid cancer and

leukemia models were the only ones to confer zero risk at short

latency periods, they felt science did not support those exceptions.

BENES-Oak Ridge, developer of NIOSH-IREP, was asked to create new

models conferring some risk at short latency, with the caveat that

doing so should not lower the PC for any potential claimant. NCI

eventually agreed with the interpretation and modified NIH-IREP so

that the two models now match NIOSH-IREP.

Scientific value and applicability of findings range from weak to

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Executive Summary/Minutes October 28-29, 2003

NIOSH/CDC Advisory Board on Radiation and Worker Health

substantial. Prudence should be exercised in considering any

findings. Scientific evidence may be sufficient for modification a

risk model in some cases, not in others, depending on the potential

impact on pc. Generally the greater the impact, the more stringent

the standard should be for implementing any findings.

Uncertainty is a major contributor to compensability in many claims.

As study results that would have an effect on the uncertainty built

into the risk are incorporated, there's a domino effect. As

uncertainty is reduced, compensation is also likely to be reduced.

Usefulness of research is another issue, including time frame for

conducting and completing studies. It would not be in the best

interest of the claimants or this program to commission a prospective

cohort study slated to last ten years or more.

Updating research topics, Mr. Henshaw reported that NIOSH's Healthrelated Energy Research Branch is conducting a multi-site leukemia

case-controlled study and intends to look at the CLL cases in that

study. There are a number of issues related to smoking and the lung

cancer model that are to be looked at on a high priority basis. Age

at exposure is another controversial topic, with age at exposure

workshops expected to commence before the end of the current fiscal

year.

Comparing NCI-IREP and NIOSH-IREP, Mr. Henshaw noted the new NCI lung

model is favorable to some claimant profiles, unfavorable to others.

The changes made by NCI do not apply to radon exposures. It does take

into account age at diagnosis and age at exposure. NIOSH-IREP does

not. Other examples of differences were described, with Mr. Henshaw

noting that NCI believes their change represents the best science

available currently.

Mr. Henshaw summarized by stating that some modifications seem

relatively non-controversial. Other potential changes are

substantially more significant, and policy does playa role. NIOSH

intends to use science to its fullest extent within the confines of

current policy. Attention must be given to practical issues.

Generally the more good quality data accumulated, the less the

uncertainty and possibly the lower the probability of causation.

Research projects are being planned that it is hoped will prove very

relevant to the program.

Discussion Points

. Dr. Melius suggested consideration should be given to

participation in the age at exposure workshop and that a workshop

for the smoking issue might be a good way of handling that, too.

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Executive Summary/Minutes October 28-29, 2003

NIOSH CDC Adviso Board on Radiation and Worker Health

*****

PUBLIC COlontmNT PERIOD

Public Comment was solicited on both days of the meeting.

input on the second day included the following.

Public

Dr. Ziemer again reminded the public that the session design allowed

for comment for the record on the program, the policies or concerns.

Questions on individual claims should be directed privately to the

NIOSH staff.

He also noted that the format is not one of a question and answer

period, but a period to make statements.

Ms. Dolores Stuckenschneider

Fo~er Mallinckrodt Employee/Claimant

Ms. Stuokensohneider described her work history with the company and

some of the frustrations she had experienced with the program.

Mr. Robert Leach

Former Mallinckrodt Employee

Mr. Leach described some of the working conditions at facilities

within the complex. He noted things not taken care of were too

numerous to go into, offering an opinion that there was no way an

accurate exposure record could be developed because monitoring was

done incorrectly.

Ms. Kay Drey

Nuclear Information and Resource Service

Ms. Drey explained that it was in 1974 that she began learning about

the hazards of uranium mill tailings. In 1978 she learned St. Louis

had uranium tailings from some of the most radioactive ore in the

world.

Since that time she has met with many people who have told her about

working for Mallinckrodt Chemical Works and the workplace hazards they

faced. No one told the nuclear weapons workers, who were not allowed

to use the words "uranium" or "radiation" that radiation is harmful.

Decision-makers are only now reluctantly beginning to level with them.

Ms. Drey described situation that a worker had recounted to her

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Bxecutive Summary/Minutes October 28-29, 2003

NIOSH CDC Adviso Board on Radiation and Worker Health

After spending an extended period of time just two years ago digging a

trench at the downtown site as part of the cleanup, someone told him

the gamma readings were not ten to 20 counts per minute, as in nature,

but were 1,500,000 per minute.

As a request to the Board, Ms. Drey asked it consider including in its

findings the observation that more than 60 years of radioactive waste

has been accumulated in the world.

Mr. James Mitulski

United Nuclear Weapons Workers

Mr. Mitulski agreed with an earlier comment that there was no reason

to assume company supervisors were not people of integrity. He noted

there was also no reason to assume they were people of truth. He gave

examples of conflicting information disseminated to workers. He

commented that people sometimes say things to keep their jobs, so

input from the people who were in the plants is needed. He described

several incidents from his father's work experience, indicating that

many people were told to drink beer on their way home and it would

rinse everything out.

Mr. Mitulski suggested the only way to check out the validity of what

the company says is to bounce it off what the laborers are saying, and

then try to arrive at the truth.

Mr. Mark Bruening

United Nuclear Weapons Workers

Mr. Bruening spoke as a 17-year worker at both Mallinckrodt downtown

and Weldon Spring who was diagnosed with colon cancer two years ago.

He noted that Senator Bond had managed to appropriate $1.5 million for

a city to build a street, but the workers wait months and years for

compensation.

Mr. Don Cams trader

United Nuclear Weapons Workers

Mr. Cams trader recounted some of his experiences at the Weldon Spring

site from 157 to '66, noting things were pretty primitive. As an

example of how inaccurate monitoring records are, Mr. Camstrader

described working with another employee on a particular job for

several days. One day that employee told Mr. Camstrader he couldn't

go back on the job because he'd come up "hot" the day before. Because

they'd been together the whole time, Mr. Camstrader went to check his

levels and was told he was fine.

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Executive Summary/Minutes October 28-29, 2003

NIOSH CDC Adviso Board on Radiation and Worker Health

Mr. Norbert Hier

United Nuclear Weapons Workers

Mr. Bier, who had worked with Mr. Cams trader , described scooping out

uranium wearing a respirator he later found was barely approved for

cutting grass. Mr. Bier expressed concerns that it wasn't just

radiation exposures they had to deal with. He described using

asbestos and was particularly distressed that people who surely knew

better never warned the workers.

Mr. Tom Horgan

Office of Senator Christopher Bond

Mr. Horgan indicated he felt the scientific guidance and advice from

the Board is very important as they try to work out some of the kinks

in the legislation and implementation of the program. He asked for

individual feedback from every Board member on the Mallinckrodt TBD,

particularly those with scientific and medical knowledge.

Mr. Horgan expressed concern about the lack of records prior to 1948

and encouraged NIOSH to do what it could to finalize the SEC rule in

the near future.

Ms. Donna Erlmann

United Nuclear Weapons Workers

Ms. Br1mann appeared on behalf of her father, who was too ill to

attend. He had worked at both Destrehan Street and Weldon Spring

a number of years. She read a statement her father had written.

In his statement, he described in great detail working conditions and

specific events at a variety of locations within the complex. He

commented that DOE has spent $900 million covering up mistakes at

Weldon Spring and it's time to take care of the workers.

Ms. Denise Brock

United Nuclear Weapons Workers

Ms. Brock explained the United Nuclear Weapons Workers is an

established worker advocacy group. She noted it seemed it would be

efficient to utilize the group when NIOSH meets with the public to

review the Mallinckrodt TBD. She offered to share any information

they had, as well as her access to the UAW and retirees.

She questioned how it could be stated that Mallinckrodt wouldn't be

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Executive Summary/Minutes October 28-29, 2003

NIOSH CDC Adviso Board on Radiation and Worker Health

considered for Special Exposure Cohort in view of missing records

prior to '48, particularly when the SEC rule isn't final. Ms. Brock

expressed her belief that Mallinckrodt claimants deserve the same

consideration and benefit of the doubt as the four Special Exposure

Cohorts. She asked a variety of questions specific to the TBD,

indicating a response bye-mail would be fine.

Mr. James Werner

Missouri Department of Natural Resources

Mr. Werner announced his main message was to offer the technical

resources of his Department. Staff have been at various sites for

decades reviewing technical documents and have built a lot of

expertise over the years. With that background, Mr. Werner observed

the Mallinckrodt TBD was probably the most comprehensive document he'd

ever seen on the site.

No longer speaking on behalf of DNR, Mr. Werner asked that due

consideration be given to establishing a Special Exposure Cohort for

Mallinckrodt, given the uncertainties connected with the site.

Mr. Richard Miller

Government Accountability Project

Mr. Miller asked if anyone could explain why the Blockson Chemical

site profile was posted on the web when it excluded any discussion of

radon exposures. He wanted to know if it was available for use in

dose reconstruction without addressing the radon issue. Mr. Blliott

confirmed that it was available for use.

Mr. Miller indicated he lacked the imagination to understand how NIOSH

could go forward with that significant exclusion. Dr. Reton advised

Mr. Miller that the radon issue was not excluded, but rather reserved.

It has not been addressed yet. The TBD is solid for all exposures at

Blockson, excluding radon. To the extent claims not involving radon

can be moved forward, they will do so.

Mr. Miller offered that the Board should be aware that incomplete

documents were being posted as site profiles. He noted he'd not had

answers to e-mails he'd sent and now the site profile is posted and he

still didn't have an answer. He wished the incompleteness of the

document had been advertised to the Board.

Mr. Miller read a number of lengthy memos into the record which he

felt should have been included in the references. He elaborated

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Executive Summary/Minutes October 28-29, 2003

NIOSH CDC Adviso Board on Radiation and Worker Health

further on what he perceived as weaknesses in the TBD.

With all further business to come before the Board requiring action in

Executive Session, the public portion of the meeting was adjourned.

End of Summary Minutes

«tt:«<z:«

I hereby confirm that these Summary Minutes

are accurate to the best of my knowledge.

~~:~;;~ .

Paul L. Zieme

~

38