NIOSH Program Update

Stuart Hinnefeld

Director

National Institute for Occupational Safety and Health

Division of Compensation Analysis and Support

February 2012

Oakland, CA
Program News

 DCAS staff assignments

 Revisions to the guidelines on nonradiogenic

cancers was published in the Federal Register 

on February 6, 2012

• Will add Chronic Lymphocytic Leukemia (CLL) to the 

list of covered cancers under EEOICPA

• Effective March 7, 2012

• Does not add CLL to the presumptive cancer list for 

the Special Exposure Cohort (SEC)
Program News—cont.

 Updated process regarding worker outreach 

interviews

• Participation in the CATI interviews with petitioners 

to obtain names of potential interviewees

• Continuation of efforts to reach out to former 

workers

• Conduct 1-2 focused meetings to obtain information

 Update on ten-year program review action 

items 
Overall Initial Claim Information

(as of January 31, 2012)

 36,226 cases have been referred to NIOSH for 

dose reconstruction

 34,512 (96%) cases have been returned to DOL

• Cases submitted with a DR report 30,269

• Cases currently pulled from DR by DOL 1,234

• Cases currently pulled from DR for SEC 3,009 

 1,022 (2%) cases remained at NIOSH for dose 

reconstruction 

 692 (2%) cases were administratively closed
Overview of Active Cases

(as of January 31, 2012)

 Of the 1,022 cases remaining at NIOSH for 

dose reconstruction:

• 221 cases in the dose reconstruction process

• 252 initial draft dose reconstruction reports in 

the hands of claimants, and NIOSH awaiting the 

return of the OCAS-1 form

• 549 cases in development to begin the dose 

reconstruction
Summary of PoCs for Completed 

Dose Reconstructions

(as of January 31, 2012)

 Of the 30,269 dose reconstructions sent back 

to DOL for final adjudication:

• 8,795 (29%) cases had a PoC ≥ 50%

• 21,474 (71%) cases had a PoC < 50%
Distribution of PoC

for Cases Sent to DOL

(as of January 31, 2012)

0

2000

4000

6000

8000

10000

0-10% 11-20% 21-30% 31-40% 41-49% >= 50%

8504

3944

3258 3513

2255

8795

Probability of Causation 
Submittals vs. Production

(as of December 31, 2011)

0

400

800

1200

1600

2000

2400

Q1-2002 Q1-2003 Q1-2004 Q1-2005 Q1-2006 Q1-2007 Q1-2008 Q1-2009 Q1-2010Q1-2011 Q1-2012

Cases Received from

DOL

Draft DR Reports to

Claimants

Final DR Reports to

DOL
Status of First 5,000 Claims

(as of January 31, 2012) 

 4,870 claims at DOL

• 286 pulled for DOL issues

• 370 pulled for SEC

• 4,214 submitted with DR

 111 claims at NIOSH

• 99 admin closed

• 4 DRs with claimants (DOL reworks/reinstated within past 

year)

• 8 DRs in process (DOL reworks/reinstated within past year)

• 0 gathering information

 19 claim numbers deleted
Status of First 10,000 Claims

(as of January 31, 2012) 

 9766 claims at DOL

• 463 pulled for DOL issues

• 989 pulled for SEC

• 8,314 submitted with DR

 204 claims at NIOSH

• 181 admin closed

• 10 DRs with claimants (1 initial; 9 DOL reworks within past 

year)

• 13 DRs in process (0 initial; 13 DOL reworks within past year)

• 0 gathering information

 30 claim numbers deleted
DOE Response to Requests 

for Exposure Records

(as of January 31, 2012) 

 Number of outstanding requests 267

 Outstanding requests > 60 days 44
SEC Summary Table

(as of February 13, 2012)

 Petitions received 198

 Petitions in qualification process 5 

 Petitions qualified for evaluation 119

• NIOSH evaluation in progress 6

• NIOSH evaluation completed 113

– SEC Evaluation Reports 

 with the Advisory Board 

 for recommendation 9 

 Petitions not qualifying for evaluation 74

Note: Petitions not qualifying include five petitions received prior to the 

rule becoming final and Petition 34 where the site was de-listed. 
Special Exposure Cohort—cont. 

(as of January 31, 2012)

 83 SEC classes have been added since May 2005

• 46 (55%) through the 83.13 process

• 37 (45%) through the 83.14 process

 Represents classes of workers from 60 sites

 Represents 3,991 potential claims