March 5, 2010

The Honorable Kathleen Sebelius

Secretary 

Department of Health and Human Services

200 Independence Avenue, S.W.

Washington, D.C. 20201

Dear Madam Secretary:

The Advisory Board on Radiation and Worker Health (The Board) has 

evaluated SEC Petition-00160 concerning workers at the Lawrence 

Berkeley National Laboratory (LBNL) in Berkeley, California under the 

statutory requirements established by EEOICPA and incorporated into 42 

CFR Sec. 83.14. The Board respectfully recommends Special Exposure 

Cohort (SEC) status be accorded to all employees of the Department of 

Energy, its predecessor agencies, and their contractors or subcontractors 

who worked at the Lawrence Berkeley National Laboratory in Berkeley, 

California, from August 13, 1942 through December 31, 1961, for a 

number of work days aggregating at least 250 work days, occurring either 

solely under this employment or in combination with work days within the 

parameters established for one or more other classes of employees 

included in the Special Exposure Cohort. 

This recommendation is based on the following factors:

• Individuals working at LBNL during the time period in question 

worked on research and production activities related to nuclear 

weapons production.

• The NIOSH review of available monitoring data as well as 

available process and source term information for various nuclear 

research activities at LBNL found that NIOSH lacked adequate 

information necessary to complete accurate individual dose 

reconstructions for internal and external radiation doses during the 

time period in question. The Board concurs with this 

determination.

• NIOSH determined that health may have been endangered for 

these LBNL facility workers. The Board concurs with this 

determination. 

ADVISORY BOARD ON RADIATION AND WORKER HEALTH

4676 Columbia Parkway, MS: C-46 

Cincinnati, Ohio 45226

(513) 533-6825

CHAIRMAN

James M. Melius, M.D., Dr. PH. 

 Albany, New York

MEMBERS

Henry Anderson, M.D.

 Madison, Wisconsin

Josie Beach

 Kennewick, Washington 

Bradley P. Clawson

 Rexburg, Idaho

R. William Field, Ph.D. 

 Iowa City, Iowa

Michael H. Gibson

 Franklin, Ohio

Mark A. Griffon

 Salem, New Hampshire

Richard Lemen, Ph.D.

 Canton, Georgia

James E. Lockey, M.D.

 Cincinnati, Ohio

Wanda I. Munn

 Richland, Washington

John W. Poston, Sr., Ph.D.

 College Station, Texas

Robert W. Presley

 Seymour, Tennessee

David B. Richardson, Ph.D.

Chapel Hill, North Carolina

Genevieve S. Roessler, Ph.D.

 Elysian, Minnesota

Phillip Schofield

 Bosque Farm, New Mexico

Paul L. Ziemer, Ph.D.

 Lafayette, Indiana

STAFF

EXECUTIVE SECRETARY

Theodore M. Katz, MPA

 Atlanta, Georgia

COMMITTEE MANAGEMENT 

Zaida Burgos

 Atlanta, Georgia
The Honorable Kathleen Sebelius Page 2

Based on these considerations and the discussions held at our February 9-11, 2010 Advisory 

Board meeting in Manhattan Beach, California, the Board recommends that this SEC petition be 

granted. 

Enclosed is the documentation from the Board meeting(s) where this SEC class was discussed. 

The documentation includes transcripts of the deliberations, copies of the petition, the NIOSH 

review thereof, and related materials. If any of these items are unavailable at this time, they will 

follow shortly. 

Sincerely,

[Signature on file]

 

James M. Melius, M.D., Dr. PH

Chairman, ABRWH

Enclosure