Enc.

ADVISORY BOARD ON RADIATION AND WORKER HEALTH

4676 Columbia Parkway, MS: C-46 

Cincinnati, Ohio 45226

(513) 533-6825

CHAIRMAN

James M. Melius, M.D., Dr. PH.

 Albany, New York

MEMBERS

Henry Anderson, M.D.

 Madison, Wisconsin

Josie Beach

 Kennewick, Washington 

Bradley P. Clawson

 Rexburg, Idaho

R. William Field, Ph.D. 

 Iowa City, Iowa

Michael H. Gibson

 Franklin, Ohio

Mark A. Griffon

 Salem, New Hampshire

Richard Lemen, Ph.D.

 Canton, Georgia

James E. Lockey, M.D.

 Cincinnati, Ohio

Wanda I. Munn

 Richland, Washington

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

 College Station, Texas

Robert W. Presley

 Seymour, Tennessee

David B. Richardson, Ph.D.

Chapel Hill, North Carolina

Genevieve S. Roessler, Ph.D.

 Elysian, Minnesota

Phillip Schofield

 Bosque Farm, New Mexico

Paul L. Ziemer, Ph.D.

 Lafayette, Indiana

STAFF

EXECUTIVE SECRETARY

Theodore M. Katz, MPA

 Atlanta, Georgia

COMMITTEE MANAGEMENT 

Zaida Burgos

 Atlanta, Georgia

June 11, 2010

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 

SEC Petition-00167 concerning workers at the Downey Facility in Los Angeles 

County, California under the statutory requirements established by EEOICPA 

and incorporated into 42 CFR Sec. 83.14. The Board respectfully recommends 

Special Exposure Cohort (SEC) status be accorded to all employees of the 

Department of Energy (DOE), its predecessor agencies, and their contractors 

and subcontractors who worked at the Downey Facility in Los Angeles County, 

California from January 1, 1948 through December 31, 1955, 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 Special 

Exposure Cohort. 

This recommendation is based on the following factors:

• The Downey Facility in Los Angeles County, California was involved in 

research on nuclear power applications.

• NIOSH found that there was insufficient monitoring data or information 

on radiological operations at this facility in order to be able to complete 

accurate individual dose reconstructions involving internal radiation 

exposures for Downey Facility workers during the time period in 

question. The Board concurs with this conclusion.

• NIOSH determined that health may have been endangered for the 

workers exposed to radiation at the Downey Facility in Los Angeles 

County, California during the time period in question. The Board 

concurs with this determination.

Based on these considerations and the discussions held at our May 19 to 21, 

2010, Advisory Board meeting held in Niagara Falls, New York, the Board 

recommends that this Special Exposure Cohort petition be granted. 
The Honorable Kathleen Sebelius Page 2

Enclosed is the documentation from the Board meeting(s) where this Special Exposure Cohort 

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]

 James M. Melius, M.D., Dr. PH

 Chairman, ABRWH

Enclosure