Los Alamos National Lab. (LANL)

SEC – 00109 Addendum

LaVon B. Rutherford, CHP

SEC Health Physics Team Leader

National Institute for Occupational Safety and Health

Division of Compensation Analysis and Support
Background

 SEC-0109 LANL Petition 

 Received: 4/03/2008

 Qualified: 5/29/2008

 Class Evaluated: All Service Support Workers 

January 1, 1976 through December 31,2005

 Evaluation report approved: 

 Rev. 0, 1/22/2009

 Rev. 1, 8/15/2012

 Addendum, 4/24/2017

Division of Compensation Analysis and Support
Background

 Board Actions/Class Added:

All employees of the Department of Energy, its 

predecessor agencies, and their contractors and 

subcontractors who worked at the Los Alamos 

National Laboratory (LANL) in Los Alamos, New 

Mexico from January 1, 1976, through December 31, 

1995, 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 in the Special Exposure Cohort

Division of Compensation Analysis and Support
Background

 The identified infeasibility included the inability to 

bound unmonitored intakes of exotic alpha 

emitters, fission products, activation products, 

tritium (STCs), Sr/Y-90, Th-230 and Th-232.

 NIOSH committed to continue to evaluate these 

issues for the post-1995 period. 

 The end date of December 31, 1995 for the class is 

based on the presumption that LANL would have 

been in full compliance with 10 CFR 835, 

Occupational Radiation Protection, by then. 

Division of Compensation Analysis and Support
Background

 10 CFR 835 requires internal dosimetry programs (including 

routine bioassay programs) for Radiological workers who, 

under typical conditions, are likely to receive a committed 

effective dose equivalent (CEDE) of 0.1 rem (0.001 Sv) or 

more from all occupational radionuclide intakes in a year

 Given this requirement, in the absence of individual internal 

dosimetry data, intakes would be unlikely to have resulted 

in greater than 0.1 rem CEDE and the infeasibility to 

reconstruct dose would not exist.

Division of Compensation Analysis and Support
Background cont.

 Since the issuance of Rev. 1 of the SEC- 00109 Evaluation Report, NIOSH has sought 

and received additional information, 

documents, and procedures relating to 

post-1995 use of exotic radionuclides

 Work with these radionuclides, especially 

after 1995, has been sporadic and there 

are correspondingly few bioassay data

Division of Compensation Analysis and Support
Division of Compensation Analysis and Support

Background cont.

 November 2015 LANL Trip

 Trip included personnel from DCAS, SC&A, and 

ORAUT

 Meetings were held with LANL Health Physics, 

including Managers, Dosimetrists, and field 

personnel to better understand how 

compliance with 10 CFR 835 was achieved

 New documents were captured including 

RWPs, respirator use, air sampling, radiation 

surveys, HP checklists, routine monitoring 

instructions, and external exposure data
Division of Compensation Analysis and Support

Background cont.

 November 2015 LANL Trip cont.

 LANL provided: radiological policy and 

procedures documents; background 

information on 10 CFR 835 implementation; 

Organization charts; non-routine radionuclides 

handled by waste management; summary of 

radiological dosimetry monitoring program

 LANL also provided information and 

documents specific to Special Tritium 

Compounds.
Division of Compensation Analysis and Support

SEC Evaluations 10 CFR 835 ERA 

 How do we assess sites during the 10 CFR 

835 era?

 If sites assess an operation and determine that 

workers are unlikely to receive 100 mrem per 

year (CEDE), dosimetry would not required

 Therefore, in many cases we have reduced 

personnel monitoring data
Division of Compensation Analysis and Support

SEC Evaluations 10 CFR 835 ERA cont.

 During 10 CFR 835 era, if a site has a 

Radiation Protection Program (RPP) 

approved by DOE, NIOSH will assume 

compliance unless documentation supports 

otherwise

 NIOSH will focus their evaluations during 

this period on internal and external 

assessments and incident reports 

associated with 10 CFR 835
Division of Compensation Analysis and Support

SEC Evaluations 10 CFR 835 ERA cont.

NIOSH focus when Reviewing Findings

 (SEC Perspective) Do the findings identify 

unmonitored exposures that may prevent 

reconstructing exposures to a defined class 

of workers?

 (DR Perspective) Do the findings identify a 

programmatic flaw that would suggest the 

unmonitored workers could have received 

exposures in excess of 100 mrem (CEDE) 

per year?
Division of Compensation Analysis and Support

Addendum

 Therefore, NIOSH’s evaluation for this 

addendum looked at

 Assessments – focusing on findings, response, 

and corrective action

 Nonconformance Tracking System (NTS) for 10 

CFR 835 violations, site response, and 

corrective action

 Occurrence Reporting System (ORPS)
Division of Compensation Analysis and Support

Assessments

 May 1995 LANL Internal Assessment of the 

Radiation Protection Program

 One Finding associated with administrative controls 

for sealed sources

 Five observations – of those one was relevant to 

internal dosimetry. 

 Observation 4 – stated that the RPP office has not 

coordinated with support organizations to implement 

site-specific document control and records 

management programs. Problems were identified with 

document control and distribution of updated 

procedures
Division of Compensation Analysis and Support

Assessments cont.

 DOE NNSA conducted an independent review of 

the internal dosimetry program at LANL in July 

2004 

 The stated performance requirements for the 

assessment included evaluation of compliance with 

835.702(a)

 No findings or observations associated with 

835.702(a), but there were three non-compliances 

noted in the assessment

 None of the findings in the assessment would 

likely affect NIOSH’s ability to perform individual 

dose reconstructions
Division of Compensation Analysis and Support

Nonconformance Tracking System 

(NTS)

 NIOSH reviewed the NTS system for LANL 10 CFR 835 violations, 

site responses, and corrective actions

 384 reports were captured

 91 were considered potentially relevant

 Of the 91 two were considered pertinent to compliance with 10 CFR 

835.702(a)

 NC ID:652 – Records: Non-Laboratory exposure data was not included in all 

employee records for current year or lifetime dose. In some cases, when an 

employees previous employer provided dose information, it was not 

included in the employee’s current year or lifetime dose

 NC ID:1377 – The Cumulative Total Effective Dose Equivalent (CTEDE) 

received by each individual as recorded and reported by LANL does not 

include doses received at other locations as required by 10 CFR 835
Division of Compensation Analysis and Support

Nonconformance Tracking System 

(NTS) cont.

 The findings for the two NTS reports would not 

likely affect NIOSH’s ability to perform individual 

dose reconstructions. NIOSH considers all 

relevant data from all sites for a claimant when 

performing dose reconstructions.

 SC&A identified an NTS report that NIOSH 

overlooked in reviewing the reports. The report 

NC ID: 484 and an additional report NC ID: 1219 

were reviewed using the same criteria identified 

previously
Division of Compensation Analysis and Support

Nonconformance Tracking System 

(NTS) cont.

 NC ID: 484 identified a number of deficiencies 

which could affect LANL’s ability to ensure 

personnel with the potential of receiving a dose 

greater then 100 mrem per year CEDE were 

monitored appropriately.

 The site implemented a number of programs to ensure 

this would not happen in the future (10/2000)

 NIOSH has requested additional information from 

LANL as to what the site concluded concerning the 

potential exposures to personnel who were not 

monitored
Division of Compensation Analysis and Support

Nonconformance Tracking System 

(NTS) cont.

 NC ID: 1219 identified a deficiency where some 

workers at TA-55 were not on the appropriate 

bioassay programs

 Some personnel were on less conservative than 

required (23 of 93)

 Caused by a computer software problem
Division of Compensation Analysis and Support

Nonconformance Tracking System 

(NTS) cont.

 Corrective Actions for NC ID: 1219 included

 Computer problems were corrected and tested

 Workers were placed on the appropriate bioassay 

program

 Line Managers were reminded of the requirements to 

review dosimetry assignments for their employees

 NIOSH concludes although the non-compliance 

occurred the corrective actions insured no 

personnel with the potential receive 100 mrem

CEDE were monitored
Division of Compensation Analysis and Support

Occurrence Reporting System 

(ORPS)

 NIOSH reviewed the DOE ORPS for LANL 10 CFR 

835 violations.

 NIOSH identified a total of 159 reports in our initial 

search

 Of the 159 reports 64 were deemed potentially 

relevant

 NIOSH reviewed the 64 in detail and found no findings 

pertinent to 10 CFR 835
Division of Compensation Analysis and Support

Occurrence Reporting System 

(ORPS) cont.

 NIOSH found after the initial search that other 

search parameters (e.g., Area, Contractor name) 

would yield different numbers of reports. 

 Therefore, after issuing the Addendum NIOSH 

continued to search ORPS

 After further investigation NIOSH concluded that 

a 10 CFR 835 violation would have an NTS report 
Division of Compensation Analysis and Support

Dose Reconstruction for 

Unmonitored Workers 

 Based on NIOSH’s review of: 

 LANL’s approved Radiation Protection Program;

 Internal and External assessments that followed;

 NTS report findings; and 

 ORPS reports 

 NIOSH concludes that intakes for unmonitored 

workers with access to controlled areas were 

unlikely to have resulted in CEDE of 100 mrem per 

year
Division of Compensation Analysis and Support

Dose Reconstruction Methodology

 Bounding intake quantities corresponding to 100 

mrem CEDE may be defined as 2% of the 

Stochastic Annual Limit on Intake (ALI)

 An unmonitored worker can be assumed exposed 

to 2% SALI per year from potential radionuclides

 For purposes of dose reconstruction, the 

radionuclide and lung clearance class selected for 

each years intake would be the one resulting in 

the highest dose to the organ of interest
Division of Compensation Analysis and Support

Dose Reconstruction Methodology 

cont.

 Again the specific 2% SALI nuclide mixture 

resulting in the highest dose to the organ of 

interest at the time of cancer diagnosis would be 

the selected intake

 Example DR

 White Non-Hispanic Male born in 1965 

 Starts employment at LANL on 1/1/1996

 Ends employment 12/31/2016

 Diagnosed with cancer 12/31/2016 
Division of Compensation Analysis and Support

Dose Reconstruction Methodology 

cont.

 Example DR cont.

Cancer 

Location

1996 - 2009 2010 - 2016

Bounding

Nuclide / Type

Total Organ 

Internal 

Dose POC POC Comments

rem

Bone Surface

Th-228 M 

U-234 M

U-234 M

20.012 22.02%

Kidney U-234 F U-234 F 9.878 11.73%

Pu-239 SS 31.22% never smoked

Lung U-234 M Th-228 S

U-234 M

14.542 18.45%

15.14%

former smoker

>40 cig/day currently

Prostate

U-234 F U-234 F

0.555 0.17%
Division of Compensation Analysis and Support

Special Tritium Compounds (STCs)

 Potential dosimetric issues associated with STCs, 

including stable metal tritides and organically 

bound tritium were not formally recognized or 

addressed by LANL or DOE until the late 1990s.

 In 1998 LANL issued LANL Dose Assessment – Tritium Internal Dosimetry and Bioassay Programs 

which specifically addressed bioassay for STCs

 The potential for significant exposure to STCs was 

small and dose assessments were rarely deemed 

necessary.
Division of Compensation Analysis and Support

Special Tritium Compounds (STCs) cont.

 Bioassay data specific to STCs are rare for the 

entire period of the evaluation

 NIOSH can bound unmonitored intakes of STCs in 

the same manner as intakes of other rare nuclides 

for which internal dosimetry data is lacking by

 Assuming intakes to unmonitored workers did not 

exceed 2% of the SALI

 Equivalent to 2% of SALI for Tritiated Water Vapor

 Dose Reconstruction for intakes of STCs may be 

performed using the methodologies outlined in 

ORAUT-OTIB-0066
Division of Compensation Analysis and Support

Petitioner Concern

Preliminary Notice of Violation (PNOV)

 On February 16, 2007 DOE issued a PNOV to LANL

 The PNOV included radiological protection 

violations for monitoring

 The PNOV noted that the Office of Independent 

Oversight 2005 inspection found that LANL failed 

to adequately establish personnel and area 

monitoring for TA-55 hazards of neptunium and 

radionuclides other than uranium, plutonium, 

americium and tritium 
Division of Compensation Analysis and Support

Petitioner Concern cont.

Preliminary Notice of Violation (PNOV) cont.

 NIOSH reviewed 

 LANL responses and corrective actions

 NTS reports related to LANL

 NIOSH also asked LANL for information on the 

potential neptunium exposure

 LANL indicated the 100 gram quantities fell below 

their monitoring threshold as documented in the LANL 

Internal Dosimetry Technical Basis Document
Division of Compensation Analysis and Support

Petitioner Concern

Preliminary Notice of Violation (PNOV)

 After reviewing all available information. NIOSH 

finds that unmonitored workers involved in these 

operations were unlikely to have received intakes 

that would have resulted in 100 mrem CEDE

 Therefore, the methodology described earlier for 

bounding intakes for unmonitored workers is 

appropriate for workers involved with the 

Neptunium operations identified in the PNOV 
Division of Compensation Analysis and Support

Summary

 For the period of January 1, 1996 through 

December 31, 2005, NIOSH finds that it has 

access to sufficient information to:

 Estimate the maximum radiation dose for every type of cancer for 

which radiation doses are reconstructed, and could have been 

incurred in plausible circumstances by and member of the class; 

or

 Estimate radiation doses for members of the class more precisely 

than an estimate of maximum dose.
Summary

Feasibility Findings for LANL SEC-00109, Addendum (January 1, 1996 –

December 31, 2005)

Source of Exposure Dose Reconstruction

Feasible

Dose Reconstruction

NOT Feasible

Internal

- all radionuclides X

External 

-Beta-Gamma X

- Neutron X

- Occupational Medical X-ray X
Division of Compensation Analysis and Support

Questions?