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]

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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.

IV. Determination Findings
HHS Special Exposure Cohort Determination: 

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

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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
HHS Special Exposure Cohort Determination: 

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

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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.