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CHAIRMAN:

Paul L. Ziemer, Ph.D.
Lafayette, Indiana

MEMBERS:

Henry A. Anderson, M.D.
Madison, Wisconsin

Roy L. DeHart, M.D., M.P.H.
Nashville, Tennessee

Richard L. Espinosa
Espanola, New Mexico

Michael H. Gibson
Franklin, Ohio

Mark A. Griffon
Salem, New Hampshire

James M. Melius, M.D., Ph.D.
Albany, New York

Wanda |. Munn
Richland, Washington

Charles L. Owens.
Paducah, Kentucky

Robert W. Presley
Clinton, Tennessee

Genevieve S. Roessler, Ph.D.
Elysian, Minnesota

STAFF:
EXEC! TARY:
Larry J. Eltiott

Cincinnati, Ohio

ce MANAGEMI i

Cori B. Homer
Atlanta, Georgia

ADVISORY BOARD ON RADIATION AND WORKER HEALTH
4676 Columbia Parkway, MS: C-46

Cincinnati, Ohio 45226
(513) 533-6825,

SH- 0D

1s wR 1H PES

March 11, 2005

The Honorable Michael O. Leavitt
Secretary of Health and Human Services
Department of Health and Human Services
200 Independence Ave.

Washington, DC 20201

Subject: Special Exposure Cohort Designation
Petitions SEC-00012-1 and SEC-00012-2
Mallinckrodt Chemical Works, Uranium Division

Dear Mr. Secretary:

The Advisory Board on Radiation and Worker Health (The Board) has
evaluated SEC Petitions 00012-1 and 00012-2 under the statutory requirements
established by the Energy Employees Occupational IlIness Compensation
Program ACT (EEOICPA) and incorporated into 42 CFR Sec. 83.13 (c)(1) and
42 CFR Sec 83.13 (c)(3).

The Board respectfully recommends a Special Exposure Cohort designation
be accorded all Department of Energy (DOE) contractors, or subcontractors
or Atomic Weapons Employer (AWE) employees who worked in the Uranium
Division at the Mallinckrodt Destrehan Street facility during the period from

1942 through 1948.

The recommendation is based on four specific factors:

¢ All employees identified in these petitions worked in one of the earliest
industrial environments where multiple forms of uranium were handled
and processed at a time prior to establishment of universal radiation
safety controls and standards.

¢ There is no record of radiation monitoring or protection programs in
this facility from 1942 to 1945.

¢ A limited monitoring program initiated by the contractor in 1945
provides some record, but with inadequate detail to allow development
of accurate exposure data for all affected employees prior to 1948.

e Following extensive effort seeking, retrieving, and reviewing all
available information, NIOSH has concluded that it is likely that
radiation doses at the Mallinckrodt Chemical Works Destrehan Street
Uranium Facility could have endangered the health of members of this
class. The Board concurs.


The Honorable Michael O. Leavitt March 11, 2005

The Board reserves judgment with respect to Mallinckrodt workers employed during the 1949-1957
time period until review of newly located raw data is complete. This material may provide
additional pertinent information on monitoring programs and worker exposure for that potential
cohort. It is the intent of the Board to make a determination on this cohort (1949-1957 workers) at
the next meeting of the Board.

The following materials that reflect the Board’s deliberations and the information available to the
Board in making this recommendation are included herein:

1. Copy of the Mallinckrodt SEC Petition with associated supporting documents
2. Written Statement of Denise Brock and Patricia Ehlman dated February 8, 2005
3. SEC Petition Evaluation Report, Petition SEC-00012-1 from NIOSH Office of
Compensation Analysis and Support (OCAS) and SEC Petition Evaluation Report, Petition
SEC-00012-2 from NIOSH/OCAS
4. A portion of the verbatim transcripts for the Board Meeting of February 7-9, 2005, that
includes:
e Presentation by NIOSH/OCAS of the Evaluation Report of the Mallinckrodt
SEC Petition
e Address to the Board by the petitioners
e Discussion of the petitions by the Board
5. Power point visuals provided by NIOSH/OCAS

In addition, the Board listened to testimony by a number of former workers and claimants
concerning working experiences and conditions at the Mallinckrodt facilities. Details of this
testimony are included in the transcripts.

It should be noted that in reaching the decision for this recommendation, all Board members
participated with the exception of Dr. Antonio Andrade, who was unable to attend the meeting due
to illness and who subsequently died on February 10, 2005.

Sincerely,

Paul L. Ziemer, Ph.D.

Chairman, ABRWH

Ce: John Howard
Director, NIOSH

Enc.