U.S. Department of Labor Employment Standards Administration
Office of Workers’ Compensation Programs
Division of Energy Employees Occupational
lliness Compensation
Washington, D.C. 20210

Ol- 7g.

‘yan 2 2006

Larry J. Elliott

Director, Office of Compensation Analysis and Support
National Institute for Occupational Safety and Health
Centers for Disease Control and Prevention

Mail Stop C-46

4676 Columbia Parkway

Cincinnati, Ohio 45226

Re: Handling of Linde Ceramics Cases for New SEC Class for 1942 - 1947
Dear Larry:

On December 8, 2005, the Secretary of the Department of Health and Human Services
(HHS), Michael Leavitt, designated the following class for addition to the SEC in a report
to Congress:

Atomic weapons employees who worked at the Linde Ceramics Plant

: from October 1, 1942 through October 31, 1947, and who were employed
for a number of work days aggregating at least 250 work days, either
solely under this employment or in combination with work days within the
parameters (excluding aggregate work day requirements) established for
other classes of employees included in the SEC.

This designation became effective on January 9, 2006, in the absence of Congressional
action as provided for under 42 U.S.C. 73841(14)(C).

A report attached to Secretary Leavitt’s letter, entitled “HHS Designation of Additional
Members of the Special Exposure Cohort,” provided the supporting rationale for
designating a class of employees of the Linde Ceramics Plant in Niagara Falls, New
York,! from October 1, 1942 through October 31, 1947.

Section IV, “Designation Findings,” summarized NIOSH’s finding that “... there is
insufficient information to estimate the maximum 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 to estimate the radiation doses of members
of the class more precisely than a maximum dose estimate.” The designation found that

' While this report identifies the Linde Ceramics Plant as located in Niagara Falls, NY, this facility is
actually located in Tonawanda, NY.



“Radiation survey and film badge data provide means for reconstructing external doses
and it is possible to estimate the exposure that resulted from occupational medical x-
rays.” It went on to find, however, that “Data from October 1942 to October 1947 is
insufficient to support reconstruction of internal exposures and resulting doses.
Urinalysis for internal dosimetry was implemented in November 1947. The air
monitoring program, including task analysis with air concentrations measured in
breathing zone, general area, and process area, began in 1947.”

Thus, the Secretary of Health and Human Services determined that it is not feasible to
undertake dose reconstructions for individuals employed at the Linde Ceramics Plant
from October 1, 1942 through October 31, 1947. Review of relevant documents
including “An Exposure Matrix for Linde Ceramics Plant (including Tonawanda
Laboratory),” (May 31, 2005) discloses that the term Linde Ceramics Plant encompasses
only the buildings at the Tonawanda site identified as Buildings 30, 31, 37, and 38. It
does not therefore include either the Tonawanda Laboratory or other buildings also
located at that site. Individuals employed at those facilities do not appear to be included
in the Special Exposure Cohort as a result of the recent designation.

Since the designation determined that radiation survey and film badge data provide the
means for reconstructing external doses and it is possible to estimate the exposure that
resulted from occupational medical X-rays, NIOSH will have to perform dose
reconstructions in regard to all non-specified cancers and for specified cancers where the
covered employee does not qualify for the Special Exposure Cohort for failure to meet
the duration requirement. These should be solely based upon the covered employee’s
work history.

I would appreciate NIOSH providing two lists of employees at the Linde Ceramics Plant
(Buildings 30, 31, 37, and 38) from October 1, 1942 through October 31, 1947. One list
should cover such employees with at least one specified cancer and the other list should
address employees with non-specified cancers. NIOSH should return all cases with
specified cancers (with the administrative record on a CD) to the Department of Labor
Cleveland District Office for the Office of Workers’ Compensation Programs to complete
adjudication as appropriate. Also, as has occurred for previous addition of classes to the
SEC, NIOSH should send letters to the claimants for cases with specified cancers that are
returned to DOL.

Sincerely,

(ee Tee

Peter M. Turcic
Director, Division of Energy Employees
Occupational IlIness Compensation



U.S. Department of Labor

ESA/OWCP/DEEOIC
E020/Rm. C3321

200 Constitution Avenue, N.W.
Washington, DC 20210

Official Business
Penalty for Private Use, $300

Larry J. Elliott

Director, Office of Compensation Analysis and Sup
National Institute for Occupational Safety and Health
Centers for Disease Control and Prevention

Mail Stop C-46

4676 Columbia Parkway

Cincinnati, Ohio 45226

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