Energy Employees Occu

Illness Compensation Pr

(EEOICPA)

Adjudication of Radiation

Cancer Claims

Larry Elliott

Director

Office of Compensation Analysis and 

National Institute for Occupational Safety 
Legislative, Administrati

Regulatory Authorit

3⁄4 EEOICPA, P.L. 106-398, Section 3623 (b) (d-

2000

3⁄4 Executive Order 13179 (65 FR 77487) Decem

3⁄4 Performance Functions: Claims for Compen

Part 30, Section 30.210 (Vol. 66, No. 102 FR 22001

3⁄4 Probability of Causation Guidelines, 42 CFR 

67, No. 85 FR 22296) May 2, 2002

3⁄4 Methods for Dose Reconstruction, 42 CFR P

No. 85 FR 22314) May 2, 2002
HHS/NIOSH Responsib

1. Promulgate the science-based regulations adjudicate cancer claims under EEOICPA.2. Conduct a program of dose reconstructionradiation doses of employees needed to adjudicclaims under EEOICPA.3. Consider the addition of classes of employExposure Cohort4. Establish and Administer the Advisory Boaand Worker Health.5. Conduct a study of residual contamination weapons facilities.6. Appoint physicians to the medical panels ounder Title D of EEOICPA.
Regulatory Responsib

Completed May 2, 2002: HHS promulgat

regulations governing how:1. NIOSH conducts dose reconstructions to radiation doses incurred by employees;2. DOL determines “probability of causation” not the radiation doses that an employee may the performance of duty “at least as likely as nocaused the employee’s cancer. NIOSH also completed extensive work establisscientific tools needed by DOL and NIOSH to othese two regulations. The National Cancer Inwas instrumental in some of this work.
Regulatory Responsib

-- Continued --

Additions to the Special Exposure 

3⁄4 In June 2002, HHS issued a notice of proposed 

proposing procedures for how HHS would cons

classes to the Special Exposure Cohort. 

3⁄4 NIOSH held public meetings and obtained pub

the proposal during the Summer of 2002.

3⁄4 NIOSH substantially revised the proposal in res

comments and issued new proposed rule Marccomment. 

3⁄4 All comments are being addressed and a new 

be issued later this year.
Compensation Coverage 

EEOICPA 

3⁄4 ~ 650,000 Nuclear Weapons Productio3⁄4 ~ 100,000 Atomic Weapons Employee3⁄4 > 116,000 Legacy Waste Clean-up Wo3⁄4 Cancer, Beryllium Disease, Silicosis3⁄4 $150,000 Lump Sum Award3⁄4 Medical Benefits (Prospectively from tim

filed)
PC uncertainty for leuk

example: man exposed to 11 rem age 40, diagn

0

0.005

0.01

0.015

0.02

0.025

0.03

0.035

0.04

0 10 20 30 40 50 60 70 80 

Probability of Causation ( % )

Probability density Upper 99% PC = 65%

Median estimate of PC = 34%
Dose Reconstruction Pr

3⁄4 This is the largest radiation dose reconstruction 

kind in the world.

3⁄4 It is likely to serve more than 100,000 claims re

employment at more than 300 facilities across States.

3⁄4 It will employ more than 100 health physicists.3⁄4 We are completing a phase of developing the s

technical systems of this program.

3⁄4 We have moved into a second phase: building t

program to handle the high volume of demand.
Dose Reconstruction Pr

-- Timeline --

3⁄4 DOL referred the first batch of claims to 

October 2001.

3⁄4 NIOSH awarded a contract to ORAU fo

support of dose reconstruction in Septe

3⁄4 NIOSH, ORAU, and DOE are working to 

data systems that will match the high de

3⁄4 NIOSH now has approximately 13,000 

which we are collecting data from DOE sources. 

3⁄4 NIOSH and ORAU will continue building 

through the summer, 2003.

3⁄4 NIOSH intends to eliminate the backlog 

years.
Duration of Dose Recons

• Individual claims may vary depen

complexity (days to months)

• Cases with extensive internal exp

expected to be the most complex

• Additional time required for previ

unexamined locations and proce
Advisory Board on 

Radiation and Worker H

What is the Board?3⁄4 Presently has 12 members, appoi

President Bush.

3⁄4 Chaired by Paul Ziemer, former P

the Health Physics Society.

3⁄4 Represents the perspectives of th

sciences and of nuclear weapons 

3⁄4 Charged with advising HHS on mo

major responsibilities.
Advisory Board

-- Continued --

What has the Board accomplished?3⁄4 Very active: convened 10 times in 

months, advising HHS on its reguprocedures, and on program deve

3⁄4 Will independently review a samp

completed dose reconstructions to advice on the validity and quality o

3⁄4 Will advise HHS on additions to th

exposure cohort, once the regulat
3⁄4 Purpose of the study:

• To determine whether or not significan

contamination remained in any AWE ffacility of a beryllium vendor after activto the production of nuclear weapons wdiscontinued.

• If so, whether or not the contamination 

caused or substantially contributed to beryllium disease of the covered empl

Residual Contaminatio
Appointing Physicia

DOE Panels under P

3⁄4HHS has appointed a total of 

physicians to serve 25 DOE p

3⁄4Physicians are board-certified 

occupational medicine, experand cover diverse specialized relevant to toxic exposures.
NIOSH Contact Poi

• OCAS Phone Number 513-533• Tollfree Number 800-356-4676• E-Mail ocas@cdc.gov• Website www.cdc.gov/niosh• NIOSH Regulatory Docket -

niocindocket@cdc.gov