HHS Special Exposure Cohort Designation: Y-12 Plant, Oak Ridge, Tennessee

 

HHS Designation of Additional Members of the 

Special Exposure Cohort 

under the 

Energy Employees Occupational Illness Compensation Program Act of 2000 

Designating a Class of Employees from 

Y-12 Plant

Oak Ridge, Tennessee
HHS Special Exposure Cohort Designation:

Y-12 Plant, Oak Ridge, Tennessee

Page 2

I. Designation 

I, Kathleen Sebelius, Secretary of Health and Human Services, designate the class 

of employees defined in Section II of this report 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.

October 18, 2011 [Signature on File]

Date Kathleen Sebelius

II. Employee Class Definition

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

their contractors and subcontractors who worked at the Y-12 facility in Oak 

Ridge, Tennessee, during the period from January 1, 1948 through 

December 31, 1957, 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.

III. Designation Criteria and Recommendations

Pursuant to 42 U.S.C. § 7384q, for the class defined in Section II of this report, the 

Secretary has determined, and the Advisory Board on Radiation and Worker Health 

(Board) has recommended, 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 

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.

The Board, pursuant to 42 U.S.C. § 7384q, advised the Secretary to designate the 

class as an addition to the SEC in a letter received by the Secretary on September

19, 2011. 
HHS Special Exposure Cohort Designation:

Y-12 Plant, Oak Ridge, Tennessee

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IV. Designation Findings

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.

• NIOSH determined that members of the class evaluated may have received 

internal and external radiation exposures to uranium and thorium and their 

decay progeny, as well as various radionuclides produced as a result of 

cyclotron operations. 

• NIOSH lacks sufficient information, which includes specific biological 

monitoring data, air monitoring information, process and radiological source 

information, and surrogate data from similar operations at other sites that 

would allow it to estimate, with sufficient accuracy, the potential internal 

radiological exposures to thorium and cyclotron radionuclides for workers at 

the Y-12 Plant in Oak Ridge, Tennessee for the period from January 1, 1948 

through December 31, 1957.

• NIOSH finds that it has access to sufficient personnel and area monitoring 

data, and sufficient process and radiological source information, to support 

reconstructing external dose, including occupational medical dose, with 

sufficient accuracy during the period from January 1, 1948 through December 

31, 1957. 

• NIOSH has documented that it cannot complete the dose reconstructions 

related to this petition with sufficient accuracy for the employees who worked 

at the Y-12 Plant in Oak Ridge, Tennessee during the period from January 1, 

1948 through December 31, 1957. 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 

for that period.

• Pursuant to 42 C.F.R. § 83.13(c)(1), NIOSH determined that there is 

insufficient 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 under plausible circumstances by any member of the 

class; or (2) estimate the radiation doses of members of the class more 

precisely than a maximum dose estimate.

• Although NIOSH found that it is not possible to completely reconstruct 

radiation doses for employees who worked at the Y-12 Plant in Oak Ridge, 

Tennessee for the period from January 1, 1948 through December 31, 1957, 

NIOSH intends to use any reliable internal and external monitoring data that 

may be available for an individual claim during this period (and that can be 

interpreted using existing NIOSH dose reconstruction processes or 

procedures). Dose reconstructions for individuals employed at the Y-12 Plant 
HHS Special Exposure Cohort Designation:

Y-12 Plant, Oak Ridge, Tennessee

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in Oak Ridge, Tennessee for the period from January 1, 1948 through 

December 31, 1957, but who do not qualify for inclusion in the SEC, may be 

performed using these data as appropriate. 

• The Board concurred with the NIOSH evaluation and recommended the 

proposed class for addition to the SEC. 

 Health Endangerment

The Secretary established the health endangerment determination for the class of 

employees covered by this report based upon the findings summarized below.

(1) Pursuant to 42 C.F.R. § 83.13(c)(3), NIOSH established that there is a 

reasonable likelihood that such radiation doses may have endangered the 

health of members of the class. Pursuant to 42 C.F.R. § 83.13(c)(3)(ii), NIOSH 

specified a minimum duration of employment to satisfy this health 

endangerment criterion as “having been 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 (excluding 

aggregate work day requirements) established for one or more other classes 

of employees in the Cohort.”

(2) NIOSH did not identify any evidence from 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 a nuclear criticality incident, as defined under 42 C.F.R. § 

83.13(c)(3)(i). 

(3) The Board concurred with NIOSH’s finding that the health of the class may 

have been endangered and defined the class according to the 250-work day 

requirement specified under 42 C.F.R. § 83.13(c)(3)(ii). 

V. Effect and Effective Date of Designation

The Secretary submits this report on the designation of one additional class to the 

SEC for review by Congress, pursuant to 42 U.S.C. §§ 7384l(14)(C)(ii) and 

7384q(c)(2)(A), as amended by the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005, Pub. L. No. 108-375 (codified as amended in 

scattered sections of 42 U.S.C.). Pursuant to 42 U.S.C. § 7384l(14)(C)(ii), as 

amended by the Ronald W. Reagan National Defense Authorization Act for Fiscal 

Year 2005, Pub. L. No. 108-375 (codified as amended in scattered sections of 42 

U.S.C.), the designation in this report will become effective 30 days after the date of 

this report’s submission to Congress “unless Congress otherwise provides.” 
HHS Special Exposure Cohort Designation:

Y-12 Plant, Oak Ridge, Tennessee

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VI. Administrative Review of Designation

The health endangerment determination of the designation 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 expand the class 

of employees covered by this designation, the Secretary would transmit a 

supplementary report to Congress providing the expanded employee class definition 

and the criteria and findings on which the decision was based.