Joint Outreach Task Group Meeting

1. Joint Outreach Task Group Meeting August 27, 2014 Spokane, Washington

2. Administrative Issues • Emergency Exits • Rest Rooms • Photos • Cell Phones

3. Today’s Agenda Introductions Overview of EEOIC Program Part B Benefits Part E Benefits EEOICPA Ombudsman’s Office Department of Energy (DOE) DOE-funded Former Worker Screening Program Questions and Answers Opportunity to Meet with Various Representatives

4. PRESENTERS and ATTENDEES Presenters Department of Labor Office of the Ombudsman for EEOICPA Department of Energy Building Trades National Medical Screening Program

5. Attendees • National Institute of Occupational Safety and Health • DOL Seattle District Office • DOL Hanford Resource Center

6. Energy Employees Occupational Illness Compensation Program Joint Outreach Task Group Meeting Spokane, Washington August 27, 2014

7. Washington 2 Covered Facilities are located in Washington: • Hanford (1942-Present) • Pacific Northwest National Laboratory (2005-Present) http://www.hss.energy.gov/healthsafety/fwsp/advocacy/faclist/findfacility.cfm

8. Means of Verifying Employment DOE EE-5 Employment Verification Form Oak Ridge Institute for Science and Education (ORISE) The Center for Construction Research and Training (CPWR) Corporate Verifiers SSA wage data Other Sources Including affidavits and records or documents created by state and federal agencies 8

9. Covered Employees DOE employees or its contractors/subcontractors Atomic Weapons Employers (AWE) Eligible Survivors Surviving spouse Children – Regardless of age Parents Beryllium Vendors (BV) RECA Section 5 awardees Grandchildren Grandparents Part B: Who’s Eligible?

10. Part B: Covered Conditions • Radiation induced cancer • Beryllium Disease • Beryllium Sensitivity – Medical Monitoring Only • Chronic Silicosis • “Supplement” for RECA Section 5 uranium workers

11. Part B: Dose Reconstruction & Probability of Causation • Part B Cancer Cases: • Dose Reconstruction Needed - Conducted by NIOSH • Level and extent of occupational radiation dose • Probability of Causation (PoC) • Scientific calculation of likelihood that radiation exposure caused cancer • NIOSH-IREP • PoC - 50% or greater for award

12. Part B: Special Exposure Cohort • Causation presumed for Special Exposure Cohort (SEC) members diagnosed with a “specified cancer” • NIOSH Dose Reconstruction is not needed • “Specified” Cancer • 22 cancers named in law

13. Hanford Site SEC Class: • Effective January 9, 2010 the following class of employees was added to the Special Exposure Cohort (SEC) of the EEOICPA:  • All employees of DOE, its predecessor agencies, and its contractors and subcontractors who worked at the Hanford Site in Richland, Washington, from October 1, 1943 through June 30, 1972, for a number of workdays aggregating at least 250 workdays, occurring either solely under this employment or in combination with workdays within the parameters established for one or more other class of employees in the SEC.  • The January 9, 2010, SEC class subsumed both prior June 29, 2008 and October 12, 2007, Hanford Site SEC classes

14. Hanford Site SEC Class: • Effective September 22, 2012, the following additional class of employees was added to the SEC of the EEOICPA:  • All employees of the Department of Energy (DOE), its predecessor agencies, and its contractors and subcontractors who worked at the Hanford Site in Richland, Washington, from July 1, 1972 through December 31, 1983, for a number of workdays aggregating at least 250 workdays, occurring either solely under this employment or in combination with workdays within the parameters established for one or more other class of employees in the SEC. 

15. Eligible Covered Employees DOE contractor or subcontractor employees Does NOT include DOE, AWE, and BV workers Eligible Survivors Surviving Spouse Employee’s Children, if no surviving spouse, and if at the time of the employee’s death the child was: Under the age of 18 Under the age of 23 and a full-time student, continuously enrolled in an educational institution since age 18 Any age if medically incapable of self support Part E: Who’s Eligible?

16. Part E: Illness from Toxic Exposure • All conditions (not symptoms of conditions) are covered • Must show that toxic exposure at a covered DOE facility was a significant factor in: • Causing, contributing to, or aggravating the claimed condition • DOL will assist with verifying Part E toxic exposure • Claimant bears overall burden of proving his or her claim

17. Part E: Means of Verifying Toxic Exposure • DOL Resource Centers • Occupational History Questionnaires (OHQ) • Site Exposure Matrices (SEM) • Identifies toxic substances related to labor categories, processes, buildings, and major incidents • Website available at www.sem.dol.gov • DOE Document Acquisition Request (DAR) • Claimant Records

18. Part E: Employee Impairment • Determination of % permanent whole person impairment due to covered illness • AMA’s Guides to the Evaluation of Permanent Impairment, 5th Edition • $2,500 awarded for each % of impairment

19. Part E: Employee Wage Loss • Medical evidence must show decreased capacity to work • Employee Compensation: • Any year <50% of the pre-disability annual wage = $15,000 compensation • Any year > 50% but <75% of the pre-disability annual wage = $10,000 compensation

20. Benefits 20

21. Medical Benefits Broad coverage for medicaltreatment costs linked to accepted work-related illness(es) Routine medical care - including office visits, diagnostic services (lab and radiology services) Prescription medications Other services including inpatient care, outpatient services (chemotherapy, radiation treatment, etc.) Medical travel expenses Transportation, lodging, meals, and misc. expenses (tolls, parking, baggage, etc.) Durable Medical Equipment Wheel chairs, hospital beds, oxygen and supplies

22. Medical Benefits (continued) Extended care facility Residential nursing home, assisted living facility, etc. Hospice Home Health Care(HHC) Skilled nursing-LPN, RN Personal assistance-HHA, PCA

23. Decision Process • Recommended Decision – District Office • Preliminary determination • Cover letter, decision, and rights to object (oral hearing/review of written record) • Final Decision – Final Adjudication Branch (FAB) • Affirmation of recommend decision or remand based on objection/independent review • Claimant Rights – Reconsideration & Reopening

24. Claimant Responsibilities • File Claim • Collect/Copy/Submit relevant records • Respond to information requests • Talk to co-workers – get affidavits • Seek assistance if you need help – call Resource Center • Review decision and information for appeal

25. EEOICPA Compensation • $10.6 Billion Total Compensation • $5.44 Billion Part B • $3.26 Billion Part E • $1.98 Billion Medical Data as of August 3, 2014

26. Washington • $873.6 Million Total Compensation • $490.8 Million Part B • $279.9 Million Part E • $102.9 Million Medical Data as of August 3, 2014

27. Claimant Resources • Resource Centers – 11 locations • Hanford Resource Center toll free number: (888) 654-0014 • District Offices – 4 locations • Seattle District Office toll free number: (888) 805-3401 • DEEOIC web site • http://www.dol.gov/owcp/energy/ • General program information • SEM website • Forms • Sample decisions

28. District Office Jurisdictional Map

30. EEOICPA OFFICE OF THE OMBUDSMAN August 27, 2014 Spokane, Washington

31. EEOICPA and THE OFFICE OF THE OMBUDSMAN History: • October 2000 – Congress enacted EEOICPA • Part B administered by Department of Labor • Part D administered by Department of Energy • October 2004 - Congress repealed Part D and established Part E. • Part E administered by the Department of Labor

32. OFFICE OF THE OMBUDSMAN • October 2004 legislation also created the Office of the Ombudsman. • The Office of the Ombudsman is independent from the offices within the Department of Labor that administer EEOICPA. • The Office initially only had authority to address Part E claims. The 2010 National Defense Authorization Act expanded authority to include Part B of the EEOICPA. • October 24, 2012 - Secretary of Labor Solis signed a Memorandum continuing the Office of the Ombudsman.

33. OFFICE OF THE OMBUDSMAN Duties: • Provide information on the benefits available under the EEOICPA. • Make recommendations regarding the location of resource centers for the acceptance and development of claims – there are currently 11 resource centers. • Submit an annual report to Congress detailing: a) The number and types of complaints, grievances and requests for assistance received during the year and; b) An assessment of the most common difficulties encountered by claimants during the year.

34. OFFICE OF THE OMBUDSMAN Limitations – the Office cannot: Rule or make decisions on claims. “Make” DEEOIC reverse or change a decision. Make Congress revise the EEOICPA. Take DEEOIC to court Lobby Congress Act as an advocate

35. OMBUDSMAN ASSISTANCE When the Office receives complaints, grievances, and requests for assistance: We respond to claimants, attorneys, lay representatives, congressional staff and others. We explain, review and discuss aspects of the EEOICPA claims process. We answer questions and provide other assistance to individuals encountering difficulties with claims pending with DEEOIC. We discuss your concerns in our annual report to Congress.

36. OMBUDSMAN ASSISTANCE Outreach efforts and initiatives include: Sponsoring town hall meetings. Participating in DEEOIC sponsored town hall meetings and traveling resource centers. Offering opportunities for individuals to speak on-on-one with Ombudsman staff. Coordinating efforts with the Joint Outreach Task Group (JOTG).

37. Ombudsman Contact Information Mail: U.S. Department of Labor Office of the Ombudsman 200 Constitution Ave., NW, Room N2454 Washington, D.C. 20210 Toll Free: 1-877-662-8363 Email:ombudsman@dol.gov Website:www.dol.gov/eeombd

38. Department of Energy Support to the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) and the Former Worker Medical Screening Program (FWP) Office of Environment, Health, Safety and Security August 2014

39. DOE Responsibilities • Respond to DOL and NIOSH requests for information related to individual claims (employment verification, exposure records). • Provide support and assistance to DOL, NIOSH, and Advisory Board on large-scale research and site characterization projects through records research and retrieval efforts at various DOE sites. • Conduct research, in coordination with DOL and NIOSH, on issues related to covered facilities designations.

40. Individual Records • Claimants often worked at multiple DOE sites, for multiple contractors and subcontractors, and in different jobs or divisions over a career. • Records packages that DOE provides to DOL and NIOSH can be hundreds of pages long.

41. Former Worker Medical Screening Program

42. FWP Background • Program serves all former Federal, contractor, and subcontractor workers from all DOE sites

43. FWP Background (cont.) Mission: • Identify and notify former workers at risk for occupational disease. • Offer them medical screening that can lead to treatment. • Provide information and assistance about medical follow-up and compensation. • Use findings to strengthen safety and health protection for current and future workers.

44. Hanford FWP Contacts Hanford- Production Workers • National Supplemental Screening Program (NSSP) • All former Production Workers from Hanford • 1-866-812-6703 or http://www.orau.org/nssp Hanford-Construction Workers • Building Trades National Medical Screening Program (BTMed) • All former Construction Workers from Hanford • 1-800-866-9663 or www.btmed.org

45. Idaho National LaboratoryFWP Contacts Idaho National Laboratory (INL)- Production Workers • Worker Health Protection Program (WHPP) • All former Production Workers from INL • 1-888-241-1199 or http://worker-health.org/ Idaho National Laboratory(INL)-Construction Workers • Building Trades National Medical Screening Program (BTMed) • All former Construction Workers from INL • 1-800-866-9663 or www.btmed.org

46. Questions?

47. Building Trades National Medical Screening Program (BTMed) August 2014

48. BTMed Team DOE: Funding Agency CPWR: Responsible for performance Duke University: Industrial Hygiene, Statistical Q/A and Epidemiology University of Cincinnati: Site History and SEC fact sheets Zenith American Solutions: Operations

49. BTMed Overview Offers free screening services to former DOE construction/trades workers Covers 27 DOE sites Completed 29,400 screens (21,500 workers) Screen about 45 workers/week Started ELCD program for Hanford workers in 2013 Provide information and assistance about medical follow-up and compensation

50. BTMed Covered Sites Piqua Brush Luckey Mound Battelle Labs – GE Evendale King Ave. & West Jefferson Fernald Ashtabula Shippingport Atomic Hanford Power Plant Argonne National Lab Weldon Spring Idaho National Lab Brookhaven National Energy Mallinckrodt Technology Lab Rocky Flats Portsmouth Yucca Mountain Kansas City Plant Huntington Pilot Plant Oak Ridge Paducah Waste Isolation Pilot Plant Savannah River Site Pinellas Amchitka