SEC Petition Evaluation Report 

Petition SEC-00163 

Report Rev #: 0 Report Submittal Date: January 21, 2010

Subject Expert(s): James M. Mahathy 

Site Expert(s): N/A 

Petitioner Administrative Summary 

Petition Under Evaluation 

Petition # Petition 

Type 

Petition A 

Receipt Date DOE/AWE Facility Name 

SEC-00163 83.14 1/21/2010 Lawrence Livermore National Laboratory 

NIOSH-Proposed Class Definition 

All employees of the Department of Energy, its predecessor agencies, and their contractors and subcontractors who 

worked at the Lawrence Livermore National Laboratory in Livermore, California from January 1, 1950 through 

December 31, 1973, 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. 

Related Petition Summary Information 

SEC Petition Tracking #(s) Petition Type DOE/AWE Facility Name Petition Status 

SEC-00092 83.14 Lawrence Livermore 

National Laboratory 

Class added to the 

SEC for 1950-1973 

Related Evaluation Report Information 

Report Title DOE/AWE Facility Name 

SEC Petition Evaluation Report for Petition SEC-00092 Lawrence Livermore National Laboratory

ORAU Lead Technical Evaluator: James M. Mahathy ORAU Peer Review Completed By: Michael Kubiak

Peer Review Completed By: [Signature on file] 1/21/2010 

Sam Glover Date 

SEC Petition Evaluation Reviewed By: [Signature on file] 1/22/2010 

J. W. Neton Date 

SEC Evaluation Approved By: [Signature on file] 1/22/2010 

Stuart L. Hinnefeld Date 
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Evaluation Report Summary: SEC-00163 

Lawrence Livermore National Laboratory (LLNL) 

This evaluation report by the National Institute for Occupational Safety and Health (NIOSH) 

addresses a class of employees proposed for addition to the Special Exposure Cohort (SEC) per the 

Energy Employees Occupational Illness Compensation Program Act of 2000, as amended, 42 U.S.C. 

§ 7384 et seq. (EEOICPA) and 42 C.F.R. pt. 83, Procedures for Designating Classes of Employees 

as Members of the Special Exposure Cohort Under the Energy Employees Occupational Illness 

Compensation Program Act of 2000. 

NIOSH-Proposed Class Definition

All employees of the Department of Energy, its predecessor agencies, and their contractors and 

subcontractors who worked at the Lawrence Livermore National Laboratory in Livermore, California 

from January 1, 1950 through December 31, 1973, 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. 

Feasibility of Dose Reconstruction Findings

NIOSH lacks sufficient information, which includes biological monitoring data, sufficient air 

monitoring information, or sufficient process and radiological source information, to allow it to 

estimate with sufficient accuracy the potential internal exposures to mixed fission and/or activation 

product radionuclides to which the proposed class may have been subjected. 

NIOSH finds that it is likely feasible to reconstruct occupational medical dose for LLNL workers with 

sufficient accuracy. 

There is currently a class of Lawrence Livermore National Laboratory workers associated with a 

previous NIOSH evaluation (NIOSH, 2007) of SEC petition SEC-00092: Employees of the 

Department of Energy (DOE), its predecessor agencies, and DOE contractors or subcontractors who 

were monitored for radiation exposure while working at the Lawrence Livermore National 

Laboratory from January 1, 1950 through December 31, 1973, for a number of work days 

aggregating at least 250 work days or in combination with work days within the parameters 

established for one or more other classes of employees in the Special Exposure Cohort. This class 

was added to the SEC effective April 2, 2008 (HHS, 2008). This class was based on the NIOSH 

determination at that time, using the information at hand, that all workers with the potential for 

radiation exposures during the proposed SEC class time period were included in the external dose 

monitoring program, and that unmonitored workers had no potential for radiation exposures. 

In the course of its on-going dose reconstruction and continued data capture efforts, NIOSH has 

determined that the monitoring records are not complete for some LLNL workers who may have been 

exposed to fission and activation product radionuclides during the period from January 1, 1950 

through December 31, 1973. Therefore, NIOSH has determined that the existence, or nonexistence, 

of LLNL monitoring records is not always an accurate indicator of a worker’s potential for radiation 

exposure during the period from January 1, 1950 through December 31, 1973. Accordingly, NIOSH 

has also determined that it is necessary to remove the “... who were monitored ...” criterion from the 
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description of the LLNL SEC class and to, therefore, expand the SEC class definition implemented in 

SEC-00092 to include all employees of the DOE, its predecessor agencies, and their contractors and 

subcontractors who worked at LLNL during the specified time period. 

Although NIOSH found that it is not possible to completely reconstruct radiation doses for the 

proposed class, NIOSH intends to use any internal and external monitoring data that may become 

available (and that can be interpreted using existing NIOSH dose reconstruction processes or 

procedures) for an individual claim. Therefore, dose reconstructions for individuals employed at 

LLNL during the period from January 1, 1950 through December 31, 1973, but who do not qualify for 

inclusion in the SEC, may be performed using these data as appropriate. 

Health Endangerment Determination

The NIOSH evaluation did not identify any evidence supplied by the petitioners or from other 

resources that would establish that the class was exposed to radiation during a discrete incident likely 

to have involved exceptionally high-level exposures, such as nuclear criticality incidents or other 

events involving similarly high levels of exposures. However, the evidence reviewed in this 

evaluation indicates that some workers in the class may have accumulated chronic radiation exposures 

through intakes of inadequately monitored radionuclides and from direct exposure to radioactive 

materials. Therefore, 42 C.F.R. § 83.13(c)(3)(ii) requires NIOSH to specify that health may have 

been endangered for those workers covered by this evaluation who were employed for a number of 

work days aggregating at least 250 work days within the parameters established for this class or in 

combination with work days within the parameters established for one or more other classes of 

employees in the Special Exposure Cohort. 
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Table of Contents 

Evaluation Report Summary: SEC-00163 Lawrence Livermore National Laboratory (LLNL)............. 3

1.0 Purpose and Scope....................................................................................................................... 7

2.0 Introduction ................................................................................................................................. 7

3.0 NIOSH-Proposed Class Definition and Petition Basis................................................................ 8

4.0 Radiological Operations Relevant to the Proposed Class ........................................................... 9

4.1 Operations Description....................................................................................................... 9

4.2 Radiation Exposure Potential from Operations................................................................ 10

4.3 Time Period Associated with Radiological Operations.................................................... 10

4.4 Site Locations Associated with Radiological Operations ................................................ 10

4.5 Job Descriptions Affected by Radiological Operations ................................................... 11

5.0 Summary of Available Monitoring Data for the Proposed Class.............................................. 11

5.1 Data Capture Efforts and Sources Reviewed ................................................................... 11

5.2 Internal Personnel Monitoring Data ................................................................................. 12

5.3 External Personnel Monitoring Data................................................................................ 12

5.4 Workplace Monitoring Data............................................................................................. 12

5.5 Radiological Source Term Data ....................................................................................... 13

6.0 Feasibility of Dose Reconstruction for the Proposed Class ...................................................... 13

6.1 Feasibility of Estimating Internal Exposures ................................................................... 14

6.2 Feasibility of Estimating External Exposures .................................................................. 15

6.3 Class Parameters Associated with Infeasibility................................................................ 15

7.0 Summary of Feasibility Findings for Petition SEC-00163........................................................ 16

8.0 Evaluation of Health Endangerment for Petition SEC-00163................................................... 17

9.0 NIOSH-Proposed Class for Petition SEC-00163 ...................................................................... 17

10.0 Evaluation of Second Similar Class .......................................................................................... 17

11.0 References ................................................................................................................................. 19
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SEC Petition Evaluation Report for SEC-00163

ATTRIBUTION AND ANNOTATION: This is a single-author document. All conclusions drawn from 

the data presented in this evaluation were made by the ORAU Team Lead Technical Evaluator: James 

M. Mahathy, Oak Ridge Associated Universities. The rationales for all conclusions in this document 

are explained in the associated text. 

1.0 Purpose and Scope 

This report evaluates the feasibility of reconstructing doses for employees who worked at a specific 

facility during a specified time. It provides information and analysis germane to considering a petition 

for adding a class of employees to the Congressionally-created SEC. 

This report does not make any determinations concerning the feasibility of dose reconstruction that 

necessarily apply to any individual energy employee who might require a dose reconstruction from 

NIOSH, with the exception of the employee whose dose reconstruction could not be completed, and 

whose claim consequently led to this petition evaluation. The finding in this report is not the final 

determination as to whether or not the proposed class will be added to the SEC. This report will be 

considered by the Advisory Board on Radiation and Worker Health (the Board) and by the Secretary 

of Health and Human Services (HHS). The Secretary of HHS will make final decisions concerning 

whether or not to add one or more classes to the SEC in response to the petition addressed by this 

report. 

This evaluation, in which NIOSH provides its findings both on the feasibility of estimating radiation 

doses of members of this class with sufficient accuracy and on health endangerment, was conducted in 

accordance with the requirements of EEOICPA and 42 C.F.R. § 83.14. 

2.0 Introduction 

Both EEOICPA and 42 C.F.R. pt. 83 require NIOSH to evaluate qualified petitions requesting that the 

Department of Health and Human Services add a class of employees to the SEC. The evaluation is 

intended to provide a fair, science-based determination of whether it is feasible to estimate, with 

sufficient accuracy, the radiation doses of the proposed class of employees through NIOSH dose 

reconstructions.1

NIOSH is required to document its evaluation in a report, and to do so, relies upon both its own dose 

reconstruction expertise as well as technical support from its contractor, Oak Ridge Associated 

Universities (ORAU). Once completed, NIOSH provides the report to both the petitioners and the 

Advisory Board on Radiation and Worker Health. The Board will consider the NIOSH evaluation 

report, together with the petition, comments of the petitioner(s) and such other information as the 

Board considers appropriate, to make recommendations to the Secretary of HHS on whether or not to 

add one or more classes of employees to the SEC. Once NIOSH has received and considered the 

advice of the Board, the Director of NIOSH will propose a decision on behalf of HHS. The Secretary 

 

1

 NIOSH dose reconstructions under EEOICPA are performed using the methods promulgated under 42 C.F.R. pt. 82 and 

the detailed implementation guidelines available at http://www.cdc.gov/niosh/ocas. 
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of HHS will make the final decision, taking into account the NIOSH evaluation, the advice of the 

Board, and the proposed decision issued by NIOSH. As part of this final decision process, the 

petitioner(s) may seek a review of certain types of final decisions issued by the Secretary of HHS.2

3.0 NIOSH-Proposed Class Definition and Petition Basis 

The NIOSH-proposed class includes all employees of the Department of Energy, its predecessor 

agencies, and their contractors and subcontractors who worked at the Lawrence Livermore National 

Laboratory in Livermore, California from January 1, 1950 through December 31, 1973, 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. 

During this period, employees at this facility were involved in research and development, testing of 

the nuclear weapons lifecycle, strategic defense research, development of arms control and treaty 

verification technology, energy research, atmospheric sciences, and nuclear waste research. 

The evaluation responds to Petition SEC-00163 which was submitted by an EEOICPA claimant 

whose dose reconstruction could not be completed by NIOSH due to a lack of sufficient dosimetryrelated information. NIOSH’s determination that it is unable to complete a dose reconstruction for an 

EEOICPA claimant is a qualified basis for submitting an SEC petition pursuant to 42 C.F.R. § 

83.9(b). 

There is currently one class of LLNL workers associated with the previous NIOSH evaluation of SEC 

petition SEC-00092, for which the Secretary of Health and Human Services (HHS) has designated for 

inclusion in the Special Exposure Cohort: 

Class added to the SEC effective April 2, 2008 (HHS, 2008): Employees of the Department of 

Energy (DOE), its predecessor agencies, and DOE contractors or subcontractors who were 

monitored for radiation exposure while working at the Lawrence Livermore National Laboratory 

from January 1, 1950, through December 31, 1973, for a number of work days aggregating at least 

250 work days or in combination with work days within the parameters established for one or 

more other classes of employees in the Special Exposure Cohort. 

Detailed information associated with the worker class added to the SEC in 2008 can be found in the 

NIOSH evaluation report, SEC Petition Evaluation Report, Petition SEC-00092 (NIOSH, 2007). The 

SEC class previously proposed by NIOSH (NIOSH, 2007) was based on inadequate monitoring for 

internal exposures to mixed fission products and activation products during the proposed time period. 

The associated SEC class designated by HHS (HHS, 2008) included only those employees “... who 

were monitored for radiation exposure while working at the Lawrence Livermore National 

Laboratory...” This class description was based on the NIOSH determination at that time, based on 

the information at hand, that all workers with the potential for radiation exposures during the proposed 

SEC class time period were included in the external dose monitoring program, and that unmonitored 

workers had no potential for radiation exposures. 

 

2

 See 42 C.F.R. pt. 83 for a full description of the procedures summarized here. Additional internal procedures are 

available at http://www.cdc.gov/niosh/ocas. 
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Through the course of on-going dose reconstruction, NIOSH has determined that the monitoring 

records are not complete for some LLNL workers who may have been exposed to fission and 

activation product radionuclides during the period January 1, 1950, through December 31, 1973. 

Therefore, NIOSH has determined that the existence, or non-existence, of LLNL monitoring records is 

not always an accurate indicator of a worker’s potential for radiation exposure during the period 

January 1, 1950, through December 31, 1973. Accordingly, NIOSH has also determined that it is 

necessary to remove the “... who were monitored ...” criterion from the description of the LLNL SEC 

class and to, therefore, expand the SEC class definition implemented in SEC-00092 to include all 

employees of the DOE, its predecessor agencies, and their contractors and subcontractors who worked 

at LLNL during the specified time period. 

4.0 Radiological Operations Relevant to the Proposed Class 

The following subsections summarize the radiological operations at the Lawrence Livermore National 

Laboratory (including both the main site located in Livermore, California, and the Explosive Test Site 

(aka Site 300) near Tracy, California) from January 1, 1950 through December 31, 1973, and the 

information available to NIOSH to characterize particular processes and radioactive source materials. 

Using available sources, NIOSH has attempted to gather process and source descriptions, information 

regarding the identity and quantities of radionuclides of concern, and information describing processes 

through which the radiation exposures of concern may have occurred and the physical environment in 

which they may have occurred. The information included within this evaluation report is meant only 

to be a summary of the available information. 

Unless otherwise indicated, information for Section 4.0 and its subsections was obtained from SEC 

Petition Evaluation Report for Petition SEC-00092, Lawrence Livermore National Laboratory 

(NIOSH, 2007), and its referenced documents. 

4.1 Operations Description 

This section summarizes the operations performed at LLNL that are relevant to the proposed SEC 

time period. Detailed information associated with the operations at LLNL can be found in the NIOSH 

evaluation report, SEC Petition Evaluation Report, Petition SEC-00092 (NIOSH, 2007). 

LLNL was involved in Atomic Energy Commission (AEC) work starting in 1950. LLNL was 

originally known as the University of California Radiation Laboratory at Livermore, and later as the 

Lawrence Radiation Laboratory at Livermore. LLNL, which is still in operation under DOE direction, 

consists of two sites, the main Laboratory site, which is in a densely-populated area in Livermore, 

California, and the Explosive Test Site (also known as Site 300) located near Tracy, California. 

The original mission of LLNL was thermonuclear weapons development. By 1957, and continuing 

thereafter, the mission of LLNL was expanded to include diverse scientific and engineering research 

activities. These activities have included research and development, testing of the nuclear weapons 

lifecycle, strategic defense research, development of arms control and treaty verification technology, 

fusion research, atomic vapor laser isotope separation for defense and commercial applications, 

magnetic fusion, as well as other energy research in basic energy sciences, atmospheric sciences, 
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fossil energy, and commercial nuclear waste. Many of the radiological operations included ancillary 

functions of chemistry, non-destructive testing, maintenance, and security. 

4.2 Radiation Exposure Potential from Operations 

The potential for exposure to mixed fission and activation products existed from operations performed 

at LLNL, as indicated by the site monitoring for mixed fission product exposures using gross activity 

methods. LLNL also maintained administrative limits to control exposures to mixed fission products. 

Potential for fission product exposures existed with accelerator and reactor operations, handling and 

analyses of weapon-testing shot samples, biomedical research, research and development activities, 

safeguards and security programs, miscellaneous laboratory analyses, and from waste management 

research operations. Most research projects performed at LLNL were conducted in small groups 

consisting of only a few workers and the Hazard Control staff assigned to monitor a particular project. 

Different labs in a common building were sometimes associated with unique source terms, including 

fission products. 

While NIOSH has access to documents that describe some of the activities and radionuclides specific 

to certain buildings, NIOSH does not have sufficient data to document the quantities and types of 

most mixed fission and activation products. NIOSH also often does not have sufficient information to 

rule out the use of mixed fission and activation products in specific buildings where radioactive 

material was handled and stored. However, NIOSH has no indication that exposures to mixed fission 

and activation products would have been a concern in administrative areas (e.g., cafeterias, libraries, 

and office areas outside of radiological areas). 

Additional information regarding the radioisotopes, work areas, and operations associated with 

radiation exposures at LLNL can be found in the NIOSH evaluation report, SEC Petition Evaluation 

Report, Petition SEC-00092 (NIOSH, 2007). 

4.3 Time Period Associated with Radiological Operations 

Per the DOE Office of Health, Safety and Security, the time period associated with DOE operations at 

LLNL is from 1950 to the present. As presented in Section 3.0 of this report, HHS has already 

designated that monitored LLNL workers during the period from January 1, 1950 through December 

31, 1973 be included in the SEC. The period of radiological operations associated with this 

evaluation remains the same as that associated with the previously designated class for SEC-00092. 

Accordingly, the time period for this evaluation report on LLNL mixed fission product exposures 

remains January 1, 1950 through December 31, 1973. 

4.4 Site Locations Associated with Radiological Operations 

While NIOSH does have access to some information that details which radionuclides were handled in 

particular areas, NIOSH does not have adequate data to determine if exposures to particular 

radionuclides were limited to the buildings where the radionuclides were known to be handled. Given 

the extensive list of site areas involved with mixed fission product operations (NIOSH, 2007, Table 

4-2), and NIOSH’s inability to rule out the use or storage of mixed fission and activation products 

within other buildings where radioactive material was stored or used, NIOSH is unable to define 

individual worker exposure scenarios based on specific work locations within LLNL. 
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4.5 Job Descriptions Affected by Radiological Operations 

NIOSH has determined that the LLNL site-specific and claimant-specific data available for the time 

period of this evaluation are insufficient to allow NIOSH to characterize worker movements across the 

site or to determine that any specific work group was not potentially exposed to mixed fission or 

activation products. NIOSH has insufficient information associating job titles and/or job assignments 

with specific radiological operations or conditions and is, therefore, unable to define potential 

radiation exposure conditions based on worker job descriptions. 

5.0 Summary of Available Monitoring Data for the Proposed Class 

The primary data used for determining internal exposures are derived from personal monitoring data, 

such as urinalyses, fecal samples, and whole-body counting results. If these are unavailable, the air 

monitoring data from breathing zone and general area monitoring are used to estimate the potential 

internal exposure. If personal monitoring and breathing zone area monitoring are unavailable, internal 

exposures can sometimes be estimated using more general area monitoring, process information, and 

information characterizing and quantifying the source term. 

This same hierarchy is used for determining the external exposures to the cancer site. Personal 

monitoring data from film badges or thermoluminescent dosimeters (TLDs) are the primary data used 

to determine such external exposures. If there are no personal monitoring data, exposure rate surveys, 

process knowledge, and source term modeling can sometimes be used to reconstruct the potential 

exposure. 

A more detailed discussion of the information required for dose reconstruction can be found in 

OCAS-IG-001, External Dose Reconstruction Implementation Guideline, and OCAS-IG-002, Internal 

Dose Reconstruction Implementation Guideline. These documents are available at: 

http://www.cdc.gov/niosh/ocas/ocasdose.html. 

5.1 Data Capture Efforts and Sources Reviewed 

In addition to examining its Site Research Database (SRDB) to locate documents supporting the 

evaluation of the proposed class, NIOSH identified and reviewed numerous data sources to locate 

information relevant to determining the feasibility of dose reconstruction for the class of employees 

proposed for this petition. This included determining the availability of information on personnel 

monitoring, workplace monitoring, and radiological source term data. 

NIOSH’s continuing data capture efforts since the evaluation of petition SEC-00092 (November 

2007) have included three visits to the LLNL site conducted in June and October, 2009. In an attempt 

to gather documents and data relevant to dose reconstruction of LLNL claims. NIOSH has worked 

with LLNL site representatives to fulfill multiple document requests and to update LLNL Personnel 

Exposure databases. NIOSH’s SRDB currently contains over 18,000 documents and subdocuments 

associated with the LLNL site. 
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5.2 Internal Personnel Monitoring Data 

To support dose reconstruction and its evaluation of SEC-00092, NIOSH had obtained about 35,000 

laboratory-reported bioassay results in electronic format (NIOSH, 2007). These data were supplied by 

LLNL in the MAPPER (Maintaining and Preparing Executive Reports) database, a data storage 

system developed for LLNL by the Sperry Corporation. The LLNL MAPPER database examined by 

NIOSH for its evaluation of SEC-00092 contained only in vitro monitoring data, primarily from 

urinalyses analyzed for uranium, plutonium, gross alpha, gross beta, gross gamma, and mixed fission 

products. Although NIOSH found that the MAPPER data do not include any in vivo analysis results, 

NIOSH obtained logbooks for two whole-body counter systems used at LLNL (NIOSH, 2007). 

In its evaluation of SEC-00092, NIOSH found that the available internal monitoring data were not of 

sufficient number, or sufficient detail to quantify potential exposures to fission and activation products 

prior to 1974. NIOSH determined that the number of mixed fission product analyses increased in 

1974, peaking in 1978 (NIOSH, 2007), giving NIOSH adequate data beginning in January 1974. 

Additional information regarding the quantity and condition of the LLNL internal personnel 

monitoring data available to NIOSH, and the NIOSH evaluation of such data, can be found in the 

NIOSH evaluation report, SEC Petition Evaluation Report, Petition SEC-00092 (NIOSH, 2007). 

5.3 External Personnel Monitoring Data 

To support dose reconstruction and its evaluation of SEC-00092, NIOSH identified personnel external 

monitoring data going back to 1952, as well as documentation describing LLNL monitoring programs. 

This documentation includes dialogue regarding the rationale for monitoring (ORAUT-TKBS-0035-6, 

pages 8-11). The data include extensive external results, including neutron exposure data; these 

external monitoring results are available for reconstructing external doses. NIOSH has obtained the 

documentation necessary to define the geometry and energy ranges experienced with each process 

(NIOSH, 2007). 

Additional information regarding the quantity and condition of the LLNL external personnel 

monitoring data available to NIOSH, and the NIOSH evaluation of such data, can be found in the 

NIOSH evaluation report, SEC Petition Evaluation Report, Petition SEC-00092 (NIOSH, 2007). 

5.4 Workplace Monitoring Data 

To support dose reconstruction and its evaluation of SEC-00092, NIOSH obtained mixed fission 

product air monitoring data (gross beta) for a limited number of specific buildings/areas for the time 

period from 1959 through 1967. Although air monitoring data do exist, in its evaluation of SEC00092 NIOSH found insufficient information to link specific air monitoring results to the high-risk 

work areas. Considering the episodic and dynamic high-activity work associated with laboratory 

analysis of various nuclear test samples at LLNL, NIOSH found that the available general area air 

sample results cannot be used to adequately bound the potential air concentrations that may have 

existed in the breathing zones of laboratory personnel (NIOSH, 2007). 
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Additional information regarding the quantity and condition of the LLNL workplace monitoring data 

available to NIOSH, and the NIOSH evaluation of such data, can be found in the NIOSH evaluation 

report, SEC Petition Evaluation Report, Petition SEC-00092 (NIOSH, 2007). 

5.5 Radiological Source Term Data 

To support dose reconstruction and its evaluation of SEC-00092, NIOSH obtained documentation that 

defines some of the radioactive source term encountered at LLNL. Predominant radionuclides in the 

source term were plutonium, uranium, and tritium; these are well documented. However, fission and 

activation products were also part of the total source term. Fission and activation products were 

generated as a result of weapons research, shot sample analysis and handling, development and 

testing, nuclear fuel fabrication, reactor operations, materials research, biological research, nuclear jet 

research, fuel testing, reactor operations, linear accelerator operations, and chemical separations 

(NIOSH, 2007). 

Additional information regarding the LLNL source term data available to NIOSH can be found in the 

NIOSH evaluation report, SEC Petition Evaluation Report, Petition SEC-00092 (NIOSH, 2007), and 

in ORAUT-TKBS-0035-2. 

6.0 Feasibility of Dose Reconstruction for the Proposed Class 

42 C.F.R. § 83.14(b) states that HHS will consider a NIOSH determination that there was insufficient 

information to complete a dose reconstruction, as indicated in this present case, to be sufficient,

without further consideration, to conclude that it is not feasible to estimate the levels of radiation 

doses of individual members of the class with sufficient accuracy. 

In the case of a petition submitted to NIOSH under 42 C.F.R. § 83.9(b), NIOSH has already 

determined that a dose reconstruction cannot be completed for an employee at the DOE or AWE 

facility. This determination by NIOSH provides the basis for the petition by the affected claimant. 

Per § 83.14(a), the NIOSH-proposed class defines those employees who, based on completed 

research, are similarly affected and for whom, as a class, dose reconstruction is similarly not feasible. 

In accordance with § 83.14(a), NIOSH may establish a second class of co-workers at the facility for 

whom NIOSH believes that dose reconstruction is similarly infeasible, but for whom additional 

research and analysis is required. If so identified, NIOSH would address this second class in a 

separate SEC evaluation rather than delay consideration of the claim currently under evaluation (see 

Section 10). This would allow NIOSH, the Board, and HHS to complete, without delay, their 

consideration of the class that includes a claimant for whom NIOSH has already determined a dose 

reconstruction cannot be completed, and whose only possible remedy under EEOICPA is the addition 

of a class of employees to the SEC. 

This section of the report summarizes research findings by which NIOSH determined that it lacked 

sufficient information to complete the relevant dose reconstruction and on which basis it has defined 

the class of employees for which dose reconstruction is not feasible. NIOSH’s determination relies on 

the same statutory and regulatory criteria that govern consideration of all SEC petitions. 
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6.1 Feasibility of Estimating Internal Exposures 

NIOSH has evaluated the available personnel and workplace monitoring data and source term 

information and has determined that there are insufficient data for estimating internal exposures, as 

described below. 

As presented in Section 3.0 of this report, HHS has designated an SEC class for LLNL workers for the 

period from January 1, 1950 through December 31, 1973 (HHS, 2008). In the class designation letter, 

HHS states: 

Because NIOSH does not have information to sufficiently quantify the activity levels for the wide 

array of fission product radionuclides encountered throughout the LLNL site, NIOSH finds that it 

is not feasible to reconstruct with sufficient accuracy the internal doses from intakes of fission and 

activation products. 

The associated SEC class designated by HHS (HHS, 2008) included only those employees “... who 

were monitored for radiation exposure while working at the Lawrence Livermore National 

Laboratory...” This class description was based on the NIOSH determination that all workers with 

the potential for radiation exposures during the proposed SEC class time period were included in the 

external dose monitoring program, and that unmonitored workers had no potential for radiation 

exposures. 

Through the course of on-going dose reconstruction, NIOSH has determined that the monitoring 

records are not complete for some LLNL workers who may have been exposed to fission and 

activation product radionuclides during the period January 1, 1950, through December 31, 1973. 

Therefore, NIOSH has determined that the existence, or non-existence, of LLNL monitoring records is 

not always an accurate indicator of a LLNL worker’s potential for radiation exposure during the 

period from January 1, 1950, through December 31, 1973. Accordingly, NIOSH has also determined 

that it is necessary to remove the “... who were monitored ...” restriction from the description of the 

LLNL SEC class and to, therefore, expand the SEC class definition to include workers regardless of 

the availability of individual-specific monitoring data. 

NIOSH does not have access to sufficient personnel monitoring, workplace monitoring, or source 

term data to estimate potential internal exposures to fission and activation products potentially 

received at LLNL during the period from January 1, 1950 through December 31, 1973. Consequently, 

NIOSH finds that it is not feasible to estimate, with sufficient accuracy, internal exposures to fission 

and activation products and resulting doses for the class of employees covered by this evaluation. 

Although NIOSH found that it is not possible to completely reconstruct internal radiation doses for the 

period from January 1, 1950 through December 31, 1973, NIOSH intends to use any internal 

monitoring data that may become available for an individual claim (and that can be interpreted using 

existing NIOSH dose reconstruction processes or procedures). Dose reconstructions for individuals 

employed at LLNL during the period from January 1, 1950 through December 31, 1973, but who do 

not qualify for inclusion in the SEC, may be performed using these data as appropriate. 
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6.2 Feasibility of Estimating External Exposures 

This evaluation responds to a petition based on NIOSH determining that internal radiation exposures 

to fission and activation products could not be reconstructed for a dose reconstruction referred to 

NIOSH by DOL. As noted above, HHS will consider this determination to be sufficient without 

further consideration to determine that it is not feasible to estimate the levels of radiation doses of 

individual members of the class with sufficient accuracy. Consequently, it is not necessary for 

NIOSH to fully evaluate the feasibility of reconstructing external radiation exposures for the class of 

workers covered by this report. 

In its previous SEC class designation for SEC-00092 (HHS, 2008), HHS states: 

Although NIOSH found that it is not possible to completely reconstruct radiation doses for these 

employees, NIOSH determined that it is possible to reconstruct occupational medical dose and the 

external dose. 

This current evaluation has found no evidence to the contrary; NIOSH has established that it has 

access to sufficient information to either: (1) estimate the maximum external radiation dose for every 

type of cancer for which radiation doses are reconstructed that could have been incurred under 

plausible circumstances by any member of the class; or (2) estimate the external radiation doses to 

members of the class more precisely than a maximum dose estimate. 

Adequate reconstruction of medical dose is likely to be feasible by using claimant-favorable 

assumptions in the technical information bulletin, Dose Reconstruction from Occupationally Related 

Diagnostic X-Ray Procedures (ORAUT-OTIB-0006), and LLNL site profile documents (ORAUTTKBS-0035). 

Although NIOSH found that it is not possible to completely reconstruct radiation doses for all workers 

for the period from January 1, 1950 through December 31, 1973, NIOSH intends to use any external 

monitoring data that may become available (and that can be interpreted using existing NIOSH dose 

reconstruction processes or procedures) for an individual claim. Dose reconstructions for individuals 

employed at LLNL during the period from January 1, 1950 through December 31, 1973, but who do 

not qualify for inclusion in the SEC, may be performed using these data as appropriate. 

6.3 Class Parameters Associated with Infeasibility 

HHS has designated an SEC class for LLNL workers for the period from January 1, 1950 through 

December 31, 1973 (HHS, 2008). The time period covered by this current report is unchanged from 

that previously designated by HHS in 2008. NIOSH recommends that the proposed class include the 

period from January 1, 1950 through December 31, 1973. 

As discussed in Section 4.4, NIOSH is unable to define individual worker exposure scenarios based 

on specific work locations within LLNL. Therefore, NIOSH recommends that the proposed class 

definition include all areas of LLNL during the specified time period. 
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The SEC class previously designated by HHS (HHS, 2008) included only those employees “... who 

were monitored for radiation exposure while working at the Lawrence Livermore National 

Laboratory...” Through the course of on-going dose reconstruction, NIOSH has determined that the 

existence, or non-existence, of LLNL monitoring records is not always an accurate indicator of a 

LLNL worker’s potential for radiation exposure during the period from January 1, 1950, through 

December 31, 1973. As discussed in Section 4.5, NIOSH has also found insufficient documentation 

associating job titles and/or job assignments with specific radiological operations or conditions. 

NIOSH is unable to define the proposed SEC class based on worker job descriptions. NIOSH is also 

unable to define the proposed SEC class based on whether or not an individual appears to have been 

monitored for radiation exposure at LLNL. NIOSH therefore recommends that the proposed class 

definition include all employees of the Department of Energy, its predecessor agencies, and their 

contractors and subcontractors who worked at LLNL during the specified time period, regardless of 

the availability of individual monitoring data. 

7.0 Summary of Feasibility Findings for Petition SEC-00163 

This report evaluates the feasibility for completing dose reconstructions for workers at LLNL from 

January 1, 1950 through December 31, 1973. NIOSH determined that members of this class may 

have received radiation exposures from fission and activation products. NIOSH lacks sufficient 

information, which includes fission product bioassay, source term data, and workplace monitoring 

data that would allow it to estimate the potential fission and activation products exposures to which 

the proposed class may have been exposed. Consequently, NIOSH finds that it is not feasible to 

estimate, with sufficient accuracy, the total radiation dose received by members of this class of 

employees. Consistent with the HHS findings associated with SEC-00092 (HHS, 2008), NIOSH 

determined that it is likely feasible to reconstruct with sufficient accuracy the occupational medical 

dose and external dose received by LLNL workers. 

NIOSH has documented herein that it cannot complete the dose reconstructions related to this petition. 

The basis of this finding demonstrates that NIOSH does not have access to sufficient information to 

estimate either the maximum radiation dose incurred by any member of the class or to estimate such 

radiation doses more precisely than a maximum dose estimate. 

Although NIOSH found that it is not possible to completely reconstruct radiation doses for the 

proposed class, NIOSH intends to use any internal and external monitoring data that may become 

available for an individual claim (and that can be interpreted using existing NIOSH dose 

reconstruction processes or procedures). Therefore, dose reconstructions for individuals employed at 

LLNL during the period from January 1, 1950 through December 31, 1973, but who do not qualify for 

inclusion in the SEC, may be performed using these data as appropriate. 
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8.0 Evaluation of Health Endangerment for Petition SEC-00163 

The health endangerment determination for the class of employees covered by this evaluation report is 

governed by EEOICPA and 42 C.F.R. § 83.14(b) and § 83.13(c)(3). Pursuant to these requirements, if 

it is not feasible to estimate with sufficient accuracy radiation doses for members of the class, NIOSH 

must determine that there is a reasonable likelihood that such radiation doses may have endangered 

the health of members of the class. The regulations require NIOSH to assume that any duration of 

unprotected exposure may have endangered the health of members of a class when it has been 

established that the class may have been exposed to radiation during a discrete incident likely to have 

involved levels of exposure similarly high to those occurring during nuclear criticality incidents. If 

the occurrence of such an exceptionally high-level exposure has not been established, then NIOSH is 

required to specify that health was endangered for those workers who were employed for a number of 

work days aggregating at least 250 work days within the parameters established for the class or in 

combination with work days within the parameters established for one or more other classes of 

employees in the SEC. 

NIOSH has determined that members of the class were not exposed to radiation during a discrete 

incident likely to have involved levels of exposure similarly high to those occurring during nuclear 

criticality incidents. However, the evidence reviewed in this evaluation indicates that some workers in 

the class may have accumulated chronic radiation exposures through intakes of fission and activation 

products. Consequently, NIOSH is specifying that health was endangered for those workers covered 

by this evaluation who were employed for a number of work days aggregating at least 250 work days 

within the parameters established for this class or in combination with work days within the 

parameters established for one or more other classes of employees in the SEC. 

9.0 NIOSH-Proposed Class for Petition SEC-00163 

The evaluation defines a single class of employees for which NIOSH cannot estimate radiation doses 

with sufficient accuracy. This class includes all employees of the Department of Energy, its 

predecessor agencies, and their contractors and subcontractors who worked at the Lawrence 

Livermore National Laboratory in Livermore, California from January 1, 1950 through December 31, 

1973, 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. 

10.0 Evaluation of Second Similar Class 

In accordance with § 83.14(a), NIOSH may establish a second class of co-workers at the facility, 

similar to the class defined in Section 9.0, for whom NIOSH believes that dose reconstruction may not 

be feasible, and for whom additional research and analysis is required. If a second class is identified, 

it would require additional research and analyses. Such a class would be addressed in a separate SEC 

evaluation rather than delay consideration of the current claim. At this time, NIOSH has not identified 

a second similar class of employees at LLNL for whom dose reconstruction may not be feasible. 
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11.0 References 

42 C.F.R. pt. 81, Guidelines for Determining the Probability of Causation Under the Energy 

Employees Occupational Illness Compensation Program Act of 2000; Final Rule, Federal 

Register/Vol. 67, No. 85/Thursday, p 22,296; May 2, 2002; SRDB Ref ID: 19391 

42 C.F.R. pt. 82, Methods for Radiation Dose Reconstruction Under the Energy Employees 

Occupational Illness Compensation Program Act of 2000; Final Rule; May 2, 2002; SRDB Ref ID: 

19392 

42 C.F.R. pt. 83, Procedures for Designating Classes of Employees as Members of the Special 

Exposure Cohort Under the Energy Employees Occupational Illness Compensation Program Act of 

2000; Final Rule; May 28, 2004; SRDB Ref ID: 22001 

42 U.S.C. §§ 7384-7385 [EEOICPA], Energy Employees Occupational Illness Compensation 

Program Act of 2000; as amended; OCAS website 

HHS, 2008, Final Effect of Designation of a Class of Employees for Addition to the Special Exposure 

Cohort: Lawrence Livermore National Laboratory; Federal Register / Vol. 73, No. 85 /Thursday, May 

1, 2008 / Notices; LLNL Notice effective April 2, 2008; OSA Ref ID: 105914 

ORAUT-TKBS-0035-2, Lawrence Livermore National Laboratory – Site Description, Rev. 00 PC-1; 

Oak Ridge Associated Universities (ORAU); Oak Ridge, Tennessee; October 26, 2005; SRDB Ref 

ID: 19553 

ORAUT-TKBS-0035-4, Lawrence Livermore National Laboratory – Occupational Environmental 

Dose, Rev. 00; Oak Ridge Associated Universities (ORAU); Oak Ridge, Tennessee; November 18, 

2005; SRDB Ref ID: 19557 

ORAUT-TKBS-0035-5, DRAFT Lawrence Livermore National Laboratory – Occupational Internal 

Dose; Rev. 01C; July 9, 2007; SRDB Ref ID: not currently in the SRDB—Draft document 

ORAUT-TKBS-0035-6, Lawrence Livermore National Laboratory – Occupational External Dose, 

Rev. 01; Oak Ridge Associated Universities (ORAU); Oak Ridge, Tennessee; April 26, 2007; SRDB 

Ref ID: 31423 

NIOSH, 2007, SEC Petition Evaluation Report, Petition SEC-00092, Office of Compensation 

Analysis and Support (OCS), National Institute for Occupational Safety and Health; December 3, 

2007; OCAS website: http://www.cdc.gov/niosh/ocas/pdfs/sec/llnl/llnler.pdf