August 24, 2009 

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 Special Exposure Cohort (SEC) Petition 0145 concerning workers 

at the Lake Ontario Ordnance Works in Niagara Falls, New York, under the 

statutory requirements established by the Energy Employees Occupational 

Illness Compensation Program Act (EEOICPA) and incorporated into 42 CFR 

Sec. 83.14. The Board respectfully recommends SEC status be accorded to 

all employees of the Department of Energy (DOE), its predecessor agencies, 

and their contractors and subcontractors who worked at Lake Ontario 

Ordnance Works in Niagara Falls, New York, from January 1, 1944 through 

December 31, 1953, 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 SEC. 

This recommendation is based on the following factors: 

 The Lake Ontario Ordnance Works is a DOE covered facility from 

1944 to 1997, and served as a storage depot for radioactive material 

generated at other sites. 

 NIOSH found there were insufficient monitoring data, workplace 

monitoring records, and source-term information at the Lake Ontario 

Ordnance Works facility to complete with sufficient accuracy individual 

dose reconstructions involving internal and external radiation 

exposures during the time period in question from January 1, 1944 

through December 31, 1953. The Board concurs with this conclusion. 

ADVISORY BOARD ON RADIATION AND WORKER HEALTH

4676 Columbia Parkway, MS: C-46 

Cincinnati, Ohio 45226

(513) 533-6825

CHAIRMAN:

Paul L. Ziemer, Ph.D. 

 Lafayette, Indiana 

MEMBERS:

Josie Beach 

 Richland, Washington 

Bradley P. Clawson 

 Rexburg, Idaho 

Michael H. Gibson 

 Franklin, Ohio 

Mark A. Griffon 

 Salem, New Hampshire 

James E. Lockey, M.D. 

 Cincinnati, Ohio 

James M. Melius, M.D., Ph.D. 

 Albany, New York 

Wanda I. Munn 

 Richland, Washington 

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

 College Station, Texas 

Robert W. Presley 

 Seymour, Tennessee 

Genevieve S. Roessler, Ph.D. 

 Elysian, Minnesota 

Phillip Schofield 

 Bosque Farm, New Mexico 

STAFF:

EXECUTIVE SECRETARY:

Theodore M. Katz, MPA 

 Atlanta, Georgia 

COMMITTEE MANAGEMENT :

Zaida Burgos 

 Atlanta, Georgia 
The Honorable Kathleen Sebelius August 24, 2009 

 

 NIOSH determined health may have been endangered for the workers exposed 

to radiation during the time period in question. The Board concurs with this 

determination. 

Based on these considerations and the discussions held at the July 27-29, 2009, Board 

meeting in West Chester, Ohio, the Board recommends that SEC status be granted. The 

Board notes that NIOSH will use individual external and internal monitoring data that are 

available to complete dose reconstructions for non-presumptive cancer claims and for those 

who do not qualify for the SEC. For these individuals, NIOSH will also reconstruct medical 

doses using the complex-wide Technical Information Bulletin Dose Reconstruction from 

Occupationally Related Diagnostic X-ray Procedures. 

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.] 

 Paul L. Ziemer, Ph.D. 

 Chair 

Enclosures 

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