THE SECRETARY OF HEALTH AND HUMAN SERVICES

WASHINGTON, D.C. 20201

December 21, 2016 

The Honorable Joseph R. Biden, Jr.

President of the United States Senate

Washington, DC 20510 

Dear Mr. President:

Pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000 

(EEOICPA) and 42 C.F.R. pt. 83, a petition was filed on behalf of workers at the Westinghouse 

Electric Corporation in Bloomfield, NJ, to be added to the Special Exposure Cohort (SEC). 

The Centers for Disease Control and Prevention’s (CDC) National Institute for Occupational Safety 

and Health (NIOSH) completed the evaluation of the petition for the time period from January 1, 

1950, through January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through 

April 30, 2000, and presented its findings to the Advisory Board on Radiation and Worker Health 

(Board) during the Board’s meeting on August 10, 2016, in Idaho Falls, Idaho. The Board 

considered the petition, and on October 24, 2016, I received the Board’s recommendation 

concerning this petition. I have also received the deliberations, findings, and recommendations of 

the Director of NIOSH and the Director of CDC. Based on this information, I have determined that 

the following employees do not meet the statutory criteria for addition to the SEC, as authorized 

under EEOICPA, 42 U.S.C. § 7384q. 

All Atomic Weapons Employees who worked in any area at the Westinghouse Electric 

Corporation in Bloomfield, NJ, during the time periods from January 1, 1950, through 

January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through April 30, 

2000. 

The criteria and findings upon which this determination is based are provided in the enclosed report. 

 

Please contact me if you have any further questions regarding this matter.

 

Sincerely,

[Signature on File] 

Sylvia M. Burwell

Enclosure 
 

 THE SECRETARY OF HEALTH AND HUMAN SERVICES

WASHINGTON, D.C. 20201

December 21, 2016 

The Honorable Mitch McConnell 

Majority Leader

United States Senate

Washington, DC 20510 

Dear Senator McConnell: 

 

Pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000 

(EEOICPA) and 42 C.F.R. pt. 83, a petition was filed on behalf of workers at the Westinghouse 

Electric Corporation in Bloomfield, NJ, to be added to the Special Exposure Cohort (SEC).

The Centers for Disease Control and Prevention’s (CDC) National Institute for Occupational Safety 

and Health (NIOSH) completed the evaluation of the petition for the time period from January 1, 

1950, through January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through 

April 30, 2000, and presented its findings to the Advisory Board on Radiation and Worker Health 

(Board) during the Board’s meeting on August 10, 2016, in Idaho Falls, Idaho. The Board 

considered the petition, and on October 24, 2016, I received the Board’s recommendation 

concerning this petition. I have also received the deliberations, findings, and recommendations of 

the Director of NIOSH and the Director of CDC. Based on this information, I have determined that 

the following employees do not meet the statutory criteria for addition to the SEC, as authorized 

under EEOICPA, 42 U.S.C. § 7384q. 

All Atomic Weapons Employees who worked in any area at the 

Westinghouse Electric Corporation in Bloomfield, NJ, during the time 

periods from January 1, 1950, through January 31, 1958; June 1, 1958, 

through May 31, 1959; and July 1, 1959, through April 30, 2000. 

The criteria and findings upon which this determination is based are provided in the enclosed report. 

 

Please contact me if you have any further questions regarding this matter.

 

Sincerely,

[Signature on File] 

Sylvia M. Burwell

Enclosure 
 

 THE SECRETARY OF HEALTH AND HUMAN SERVICES

WASHINGTON, D.C. 20201

December 21, 2016 

The Honorable Harry Reid

Minority Leader

United States Senate

Washington, DC 20510 

Dear Senator Reid: 

Pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000 

(EEOICPA) and 42 C.F.R. pt. 83, a petition was filed on behalf of workers at the Westinghouse 

Electric Corporation in Bloomfield, NJ, to be added to the Special Exposure Cohort (SEC).

The Centers for Disease Control and Prevention’s (CDC) National Institute for Occupational Safety 

and Health (NIOSH) completed the evaluation of the petition for the time period from January 1, 

1950, through January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through 

April 30, 2000, and presented its findings to the Advisory Board on Radiation and Worker Health 

(Board) during the Board’s meeting on August 10, 2016, in Idaho Falls, Idaho. The Board 

considered the petition, and on October 24, 2016, I received the Board’s recommendation 

concerning this petition. I have also received the deliberations, findings, and recommendations of 

the Director of NIOSH and the Director of CDC. Based on this information, I have determined that 

the following employees do not meet the statutory criteria for addition to the SEC, as authorized 

under EEOICPA, 42 U.S.C. § 7384q. 

All Atomic Weapons Employees who worked in any area at the 

Westinghouse Electric Corporation in Bloomfield, NJ, during the time 

periods from January 1, 1950, through January 31, 1958; June 1, 1958, 

through May 31, 1959; and July 1, 1959, through April 30, 2000. 

The criteria and findings upon which this determination is based are provided in the enclosed report. 

 

Please contact me if you have any further questions regarding this matter.

 

Sincerely,

[Signature on File] 

Sylvia M. Burwell

Enclosure 
 

 THE SECRETARY OF HEALTH AND HUMAN SERVICES

WASHINGTON, D.C. 20201

December 21, 2016 

The Honorable Paul Ryan

Speaker of the U.S. House of Representatives

Washington, DC 20515 

Dear Mr. Speaker:

Pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000 

(EEOICPA) and 42 C.F.R. pt. 83, a petition was filed on behalf of workers at the Westinghouse 

Electric Corporation in Bloomfield, NJ, to be added to the Special Exposure Cohort (SEC). 

The Centers for Disease Control and Prevention’s (CDC) National Institute for Occupational Safety 

and Health (NIOSH) completed the evaluation of the petition for the time period from January 1, 

1950, through January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through 

April 30, 2000, and presented its findings to the Advisory Board on Radiation and Worker Health 

(Board) during the Board’s meeting on August 10, 2016, in Idaho Falls, Idaho. The Board 

considered the petition, and on October 24, 2016, I received the Board’s recommendation 

concerning this petition. I have also received the deliberations, findings, and recommendations of 

the Director of NIOSH and the Director of CDC. Based on this information, I have determined that 

the following employees do not meet the statutory criteria for addition to the SEC, as authorized 

under EEOICPA, 42 U.S.C. § 7384q. 

All Atomic Weapons Employees who worked in any area at the Westinghouse Electric 

Corporation in Bloomfield, NJ, during the time periods from January 1, 1950, through 

January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through April 30, 

2000. 

The criteria and findings upon which this determination is based are provided in the enclosed report. 

 

Please contact me if you have any further questions regarding this matter.

 

Sincerely,

[Signature on File] 

Sylvia M. Burwell

Enclosure 
 

 THE SECRETARY OF HEALTH AND HUMAN SERVICES

WASHINGTON, D.C. 20201

December 21, 2016 

The Honorable Nancy Pelosi 

Minority Leader

U.S. House of Representatives

Washington, DC 20515 

Dear Representative Pelosi: 

Pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000 

(EEOICPA) and 42 C.F.R. pt. 83, a petition was filed on behalf of workers at the Westinghouse 

Electric Corporation in Bloomfield, NJ, to be added to the Special Exposure Cohort (SEC). 

The Centers for Disease Control and Prevention’s (CDC) National Institute for Occupational Safety 

and Health (NIOSH) completed the evaluation of the petition for the time period from January 1, 

1950, through January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through 

April 30, 2000, and presented its findings to the Advisory Board on Radiation and Worker Health 

(Board) during the Board’s meeting on August 10, 2016, in Idaho Falls, Idaho. The Board 

considered the petition, and on October 24, 2016, I received the Board’s recommendation 

concerning this petition. I have also received the deliberations, findings, and recommendations of 

the Director of NIOSH and the Director of CDC. Based on this information, I have determined that 

the following employees do not meet the statutory criteria for addition to the SEC, as authorized 

under EEOICPA, 42 U.S.C. § 7384q. 

All Atomic Weapons Employees who worked in any area at the Westinghouse Electric 

Corporation in Bloomfield, NJ, during the time periods from January 1, 1950, through 

January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through April 30, 

2000. 

The criteria and findings upon which this determination is based are provided in the enclosed report. 

 

Please contact me if you have any further questions regarding this matter.

 

Sincerely,

[Signature on File] 

Sylvia M. Burwell

Enclosure 
 

 THE SECRETARY OF HEALTH AND HUMAN SERVICES

WASHINGTON, D.C. 20201

December 21, 2016 

The Honorable Cory Booker 

United States Senate

Washington, DC 20510 

Dear Senator Booker: 

Pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000 

(EEOICPA) and 42 C.F.R. pt. 83, a petition was filed on behalf of workers at the Westinghouse 

Electric Corporation in Bloomfield, NJ, to be added to the Special Exposure Cohort (SEC). 

The Centers for Disease Control and Prevention’s (CDC) National Institute for Occupational Safety 

and Health (NIOSH) completed the evaluation of the petition for the time period from January 1, 

1950, through January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through 

April 30, 2000, and presented its findings to the Advisory Board on Radiation and Worker Health 

(Board) during the Board’s meeting on August 10, 2016, in Idaho Falls, Idaho. The Board 

considered the petition, and on October 24, 2016, I received the Board’s recommendation 

concerning this petition. I have also received the deliberations, findings, and recommendations of 

the Director of NIOSH and the Director of CDC. Based on this information, I have determined that 

the following employees do not meet the statutory criteria for addition to the SEC, as authorized 

under EEOICPA, 42 U.S.C. § 7384q. 

All Atomic Weapons Employees who worked in any area at the Westinghouse Electric 

Corporation in Bloomfield, NJ, during the time periods from January 1, 1950, through 

January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through April 30, 

2000. 

The criteria and findings upon which this determination is based are provided in the enclosed report. 

 

Please contact me if you have any further questions regarding this matter.

 

Sincerely,

[Signature on File] 

Sylvia M. Burwell

Enclosure 
 

 THE SECRETARY OF HEALTH AND HUMAN SERVICES

WASHINGTON, D.C. 20201

December 21, 2016 

The Honorable Robert “Bob” Menéndez 

United States Senate

Washington, DC 20510 

Dear Senator Menéndez: 

Pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000 

(EEOICPA) and 42 C.F.R. pt. 83, a petition was filed on behalf of workers at the Westinghouse 

Electric Corporation in Bloomfield, NJ, to be added to the Special Exposure Cohort (SEC). 

The Centers for Disease Control and Prevention’s (CDC) National Institute for Occupational Safety 

and Health (NIOSH) completed the evaluation of the petition for the time period from January 1, 

1950, through January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through 

April 30, 2000, and presented its findings to the Advisory Board on Radiation and Worker Health 

(Board) during the Board’s meeting on August 10, 2016, in Idaho Falls, Idaho. The Board 

considered the petition, and on October 24, 2016, I received the Board’s recommendation 

concerning this petition. I have also received the deliberations, findings, and recommendations of 

the Director of NIOSH and the Director of CDC. Based on this information, I have determined that 

the following employees do not meet the statutory criteria for addition to the SEC, as authorized 

under EEOICPA, 42 U.S.C. § 7384q. 

All Atomic Weapons Employees who worked in any area at the Westinghouse Electric 

Corporation in Bloomfield, NJ, during the time periods from January 1, 1950, through 

January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through April 30, 

2000. 

The criteria and findings upon which this determination is based are provided in the enclosed report. 

 

Please contact me if you have any further questions regarding this matter.

 

Sincerely,

[Signature on File] 

Sylvia M. Burwell

Enclosure 
 

 THE SECRETARY OF HEALTH AND HUMAN SERVICES

WASHINGTON, D.C. 20201

December 21, 2016 

The Honorable Rodney P. Frelinghuysen 

U.S. House of Representatives 

Washington, DC 20515 

Dear Representative Frelinghuysen: 

Pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000 

(EEOICPA) and 42 C.F.R. pt. 83, a petition was filed on behalf of workers at the Westinghouse 

Electric Corporation in Bloomfield, NJ, to be added to the Special Exposure Cohort (SEC).

The Centers for Disease Control and Prevention’s (CDC) National Institute for Occupational Safety 

and Health (NIOSH) completed the evaluation of the petition for the time period from January 1, 

1950, through January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through 

April 30, 2000, and presented its findings to the Advisory Board on Radiation and Worker Health 

(Board) during the Board’s meeting on August 10, 2016, in Idaho Falls, Idaho. The Board 

considered the petition, and on October 24, 2016, I received the Board’s recommendation 

concerning this petition. I have also received the deliberations, findings, and recommendations of 

the Director of NIOSH and the Director of CDC. Based on this information, I have determined that 

the following employees do not meet the statutory criteria for addition to the SEC, as authorized 

under EEOICPA, 42 U.S.C. § 7384q. 

All Atomic Weapons Employees who worked in any area at the Westinghouse Electric 

Corporation in Bloomfield, NJ, during the time periods from January 1, 1950, through 

January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through April 30, 

2000. 

The criteria and findings upon which this determination is based are provided in the enclosed report. 

 

Please contact me if you have any further questions regarding this matter.

 

Sincerely,

[Signature on File] 

Sylvia M. Burwell

Enclosure 
HHS Special Exposure Cohort Determination: 

Westinghouse Electric Corporation, Bloomfield, New Jersey [SEC Petition 00217] 

U.S. Department of Health and Human Services Determination Concerning a 

Petition to Add Members to the Special Exposure Cohort

under the 

Energy Employees Occupational Illness Compensation Program Act of 2000 

Determination Concerning a Petition for Certain Employees from 

Westinghouse Electric Corporation 

Bloomfield, New Jersey
HHS Special Exposure Cohort Determination: 

Westinghouse Electric Corporation, Bloomfield, New Jersey [SEC Petition 00217]

Page | 2 

I. Determination

I, Sylvia M. Burwell, Secretary of Health and Human Services (Secretary) (HHS), have 

determined that the employees defined in Section II of this report do not meet the statutory 

criteria for addition to the Special Exposure Cohort (SEC), as authorized under the Energy 

Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA), 42 U.S.C. § 

7384q. 

December 21, 2016 [Signature on File]

Date Sylvia M. Burwell

II. Employee Class Definition

All Atomic Weapons Employees who worked in any area at the Westinghouse Electric 

Corporation in Bloomfield, New Jersey, during the time periods from January 1, 1950, through 

January 31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through April 30, 2000. 

III. Decision Criteria and Recommendations

Pursuant to 42 U.S.C. § 7384q, to designate a class for addition to the SEC, the Secretary must 

determine, upon recommendation of the Advisory Board on Radiation and Worker Health 

(Board), that

(1) It is not feasible to estimate with sufficient accuracy the radiation dose that the class

received; and

(2) There is a reasonable likelihood that such radiation dose may have endangered the health

of members of the class.

The SEC final rule states in 42 C.F.R. § 83.13(c)(1) that it is feasible in two situations to estimate 

the radiation dose that the class received with sufficient accuracy. First, the rule states that

radiation doses may be estimated with sufficient accuracy if the National Institute for

Occupational Safety and Health (NIOSH) has established that it has access to sufficient

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. Alternatively, radiation doses may be estimated with sufficient accuracy if

NIOSH has established that it has access to sufficient information to estimate the radiation doses

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

In a letter received by the Secretary on October 24, 2016, the Board, pursuant to 42 U.S.C. § 

7384q, agreed with the following NIOSH findings, effectively advising the Secretary that 

radiation doses can be reconstructed with sufficient accuracy for certain employees at the 

Westinghouse Electric Corporation (WEC) in accordance with provisions of EEOICPA and the 

SEC final rule. 
HHS Special Exposure Cohort Determination: 

Westinghouse Electric Corporation, Bloomfield, New Jersey [SEC Petition 00217]

Page | 3 

Feasibility of Estimating Radiation Doses with Sufficient Accuracy

The Secretary established the feasibility determination for the class of employees covered by this 

report based upon the findings summarized below: 

• WEC has three distinct residual contamination periods, with each period starting at the end of

the WEC operational periods. The first residual period began on January 1, 1950, and ended

on January 31, 1958; the second residual period began on June 1, 1958, and ended on May 31,

1959; and the third residual period began on July 1, 1959, and ended on April 30, 2000.

NIOSH determined that April 30, 2000, was the last date for applicable EEOICPA program

exposures at WEC.

• The principal sources of internal and external radiation doses at WEC during the three

residual contamination periods were inhalation and ingestion of uranium and thorium dust.

• NIOSH obtained site-specific, air monitoring data that allow it to reconstruct internal

radiation doses from residual contamination by using existing dose reconstruction methods

documented in the relevant NIOSH technical basis documents.

• NIOSH proposed to reconstruct external radiation doses by using the air monitoring data, and

applying methodologies described in the relevant NIOSH technical basis documents, and the

Environmental Protection Agency’s Federal Guidance Report No. 12, External Exposure to

Radionuclides in Air, Water, and Soil, for the residual contamination periods.

• Because there was no work for the Atomic Energy Commission during the residual

contamination periods, any medical screenings of workers, and the resulting radiation doses

received by those workers, during the residual contamination periods would not be covered

occupational exposures. Therefore, NIOSH concluded that it is not applicable to reconstruct

occupational medical dose for WEC workers during the residual contamination periods.

• In Sum, NIOSH determined that it has access to sufficient information to either: (1) estimate

the maximum radiation dose, for every type of cancer for which radiation doses are

reconstructed, that could have been incurred in plausible circumstances; or (2) estimate

radiation doses more precisely than an estimate of maximum dose for workers at WEC for the

time periods from January 1, 1950, through January 31, 1958; June 1, 1958, through May 31,

1959; and July 1, 1959, through April 30, 2000. Therefore, it is feasible to reconstruct

radiation doses with sufficient accuracy during the residual contamination periods.

• The Board concurred with NIOSH's determination that dose reconstruction is feasible for the

evaluated class of WEC workers during the periods from January 1, 1950, through January

31, 1958; June 1, 1958, through May 31, 1959; and July 1, 1959, through April 30, 2000, and

therefore the class should not be added to the SEC.

Health Endangerment

IV. Determination Findings
HHS Special Exposure Cohort Determination: 

Westinghouse Electric Corporation, Bloomfield, New Jersey [SEC Petition 00217]

Page | 4 

Because the Secretary established that it is feasible to estimate with sufficient accuracy the

radiation doses encountered by WEC employees as specified in this class, a determination of 

health endangerment is not required. 

V. Effect of the Determination

Members of the class of employees covered by this determination and their survivors continue to 

be eligible to submit claims for compensation under EEOICPA. As required for cancer claims 

covering other Department of Energy and Atomic Weapons Employer employees (or Atomic 

Weapons Employees) not included in the SEC, qualified cancer claims under Part B of EEOICPA 

for members of this class will be adjudicated by the Department of Labor, in part, on the basis of 

radiation dose reconstructions, which will be conducted by NIOSH. 

VI. Administrative Review of Determination

The determination provided in this report may be subject to an administrative review within HHS, 

pursuant to 42 C.F.R. § 83.18(a). On the basis of such a review, if the Secretary decides to 

designate the class of employees covered by this determination, in part or in whole, as an addition 

to the SEC, the Secretary will transmit a new report to Congress providing the designation and the 

criteria and findings on which the decision was based.