Enc. 

ADVISORY BOARD ON RADIATION AND WORKER HEALTH

4676 Columbia Parkway, MS: C-46 

Cincinnati, Ohio 45226

(513) 533-6825

November 16, 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 00113 concerning workers at the 

Brookhaven National Laboratory, in Upton, New York, under the statutory 

requirements established by the Energy Employees Occupational Illness 

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 Special Exposure Cohort (SEC) designation be accorded to all 

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

its contractors and subcontractors who worked at the Brookhaven National 

Laboratory in Upton, New York, from January 1, 1947 to December 31, 1979, 

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. 

This recommendation is based on the following factors: 

 The Brookhaven National Laboratory site is a DOE covered facility from 

January 1, 1947 to present and serves as a facility involved with numerous 

radiological research activities. 

 NIOSH found that though there is sufficient documentation that appropriate 

monitoring practices were conducted during the specified time period, 

historical data management and data retention practices prevent NIOSH from 

confirming the current retrievability of the data necessary to estimate doses 

for the members of the defined class during the time period in question from 

January 1, 1947 through December 31, 1979. The Board concurs with this 

conclusion. 

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

exposed to radiation at this facility during the time period in question. The 

Board also concurs with this determination. 

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 Secretary November 16, 2009 

Based on these considerations, and on the discussions and deliberations at our October 20, 

2009, Advisory Board meeting held in Port Jefferson, New York, the Board recommends that 

this Special Exposure Cohort petition be granted. 

Enclosed is supporting documentation from the recent Advisory Board where this Special 

Exposure Cohort class was discussed. The documentation includes transcripts of the 

deliberations, copies of the petition, and the NIOSH review thereof, and related documents 

distributed by NIOSH. If any of these items are unavailable at this time, they will follow shortly. 

 Sincerely, 

 [Signature on file.] 

 Paul L. Ziemer, Ph.D. 

 Chairman, ABRWH 

Enclosure