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-00084 concerning workers at the Nevada Test 

Site (NTS) under the statutory requirements established by EEOICPA 

and incorporated into 42 CFR Sec. 83.13. The Board respectfully 

recommends Special Exposure Cohort (SEC) status be accorded to all 

employees of the Department of Energy, its predecessor agencies, and 

its contractors or subcontractors who worked at the Nevada Test Site, 

from January 1, 1963 through December 31, 1992, 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 SEC. 

This recommendation is based on the following factors:

• These workers were employed during the underground testing of 

atomic weapons and other work involving radiation exposure at 

NTS. 

• There are significant limitations to the available monitoring data 

collected at NTS during this time period, particularly data needed 

for the accurate reconstruction of internal doses associated with 

the inhalation of radionuclides at the site. NIOSH concluded that 

the available monitoring, process, and source term information is 

not sufficient to complete individual dose reconstructions for 

internal doses for workers at NTS during the time period from 

January 1, 1963 through December 31, 1992. The Board 

concurs with this conclusion.

• The Board has reviewed information which confirms that radiation 

exposures at NTS during the time period in question could have 

endangered the health of members of this class. 

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

The Board notes that some of the people who were employed at NTS during the time period in 

question lived onsite during their work periods. This should be considered during the evaluation 

of their work duration. 

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