Joint Outreach Task Group of programs assisting DOE Workers Public Meetings

1. Joint Outreach Task Group of programs assisting DOE WorkersPublic Meetings September 17, 2013 Livermore, CA Emeryville, CA

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

3. Today’s Agenda Introductions Overview of the EEOIC Program - Part B and Part E Overview of the EEOICPA Ombudsman Former Worker Medical Screening Program + Worker Health Protection Program Questions & Answers Opportunity to Meet with Various Representatives

4. Presenters & Attendees Presenters: Department of Labor EEOICPA Office of the Ombudsman DOE Former Worker Medical Screening Program Worker Health Protection Program Attendees: DOL California Resource Center NIOSH

5. Energy Employees Occupational Illness Compensation Program Joint Outreach Task Group Meeting Livermore, CA & Emeryville, CA September 17, 2013

6. Administration of the EEOICPA • Part B (October 2000) • Part E (October 2004) • Department of Labor administers the EEOICPA • Division of Energy Employees Occupational Illness Compensation (DEEOIC)

7. 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?

8. Covered Time Periods Eligible employees need to have worked at a covered facility during a covered time period Lawrence Livermore National Laboratory Location: Livermore, California Covered Time Period: 1950 - Present Lawrence Berkeley National Laboratory Location: Berkeley, California Covered Time Period: 1942 – Present Sandia National Laboratories – Livermore Location: Livermore California Covered Time Period: 1956 - Present Covered Facility Database: http://www.hss.energy.gov/healthsafety/fwsp/advocacy/faclist /findfacility.cfm 7

9. Means of Verifying Employment DOE EE-5 Employment Verification Form Oak Ridge Institute for Science and Education (ORISE) database 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

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

11. Part B: Dose Reconstruction & Probability of Causation • Part B CancerCases: • 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. 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?

13. DOE Contractors • Lawrence Livermore National Laboratory • Location: Livermore, California • University of California (1952-2007) • Lawrence Livermore National Security, LLC (2007-present) • Lawrence Berkeley National Laboratory • Location: Berkeley, California • University of California (1942 – Present) • Sandia National Laboratories • Location: Livermore, California • Lockheed Martin (1995 – Present); Martin Marietta (1993 – 1995); AT&T (1951 – 1993)

14. 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

15. 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

16. 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

17. 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

18. Benefits 17

19. 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

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

21. 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 • Affirmation of recommend decision or remand based on objection/independent review • Claimant Rights – Reconsideration & Reopening

22. 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

23. Claimant Resources • Resource Centers – 11 locations • California Resource Center toll free number: (866) 606-6302 • 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

24. California 29 Covered Facilities are located in California including: • Area IV of the Santa Susana Field Laboratory • Arthur D. Little Co. • Atomics International • C.L. Hann Industries • California Research Corp. • Canoga Avenue Facility • Ceradyne, Inc. (Santa Ana) • Ceradyne, Inc. (Costa Mesa) • City Tool & Die Manufacturing • De Soto Avenue Facility • Dow Chemical Co. • Downey Facility • EDM Exotics • Electro Circuits, Inc. • General Atomics • General Electric Vallecitos • Hafer Tool • Hexcel Products, Inc. • High Energy Rate Forging (HERF) Facility • Hunter Douglas Aluminum Corp. • Laboratory of Biomedical and Environmental Sciences • Laboratory of Radiobiology and Environmental Health • Lawrence Livermore National Laboratory

25. California 29 Covered Facilities (cont’d) • Lebow • Jerry Carroll Machining, Inc. • Lawrence Berkeley National Laboratory • Philco-For Pleasanton Tool and Manufacturing • Poltech Precision • Robin Materials •  Ron Witherspoon, Inc. • Sandia Laboratory, Salton Sea Base • Sandia National Laboratories—Livermore • Stanford Linear Accelerator Center • Stauffer Metals, Inc. • Tapemation

26. Covered Facilities Website: http://www.hss.energy.gov/healthsafety/fwsp/advocacy/faclist/findfacility.cfm

27. EEOICPA Compensation • $9.7 Billion Total Compensation • $5 Billion Part B • $3 Billion Part E • $1.6 Billion Medical Data as of August 30, 2013

28. District Office Jurisdictional Map

30. Office of the OmbudsmanforEEOICPA Joint outreach Task group meeting Livermore & emeryville California September 17, 2013

31. EEOICPA and THE OFFICE OF THE OMBUDSMAN • History • October 2000 – Congress enacted EEOICPA • Part B administered by the Department of Labor • Part D administered by the 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 • The 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. OMBUDSMAN ASSISTANCE • When the Office receives complaints, grievances and request 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 assistance to individuals encountering difficulties with claims pending with DEEOIC. • We discuss your concerns in our annual report to Congress.

35. 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 one-on-one with the Ombudsman staff. • Coordinating efforts with the Joint Outreach Task Group (JOTG).

36. 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.

37. OMBUDSMAN CONTACT INFORMATION Mail: U.S. Department of Labor Office of the Ombudsman 200 Constitution Ave., NW Room N-2454 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 Health, Safety and Security September 2013

39. Energy Employees Occupational Illness Compensation Program Act (EEOICPA)

40. DOE’s Core Mandate Work on behalf of the program claimants to ensure that all available worker and facility records and data are provided to DOL, NIOSH, and the Advisory Board. 39

41. 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

42. 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

43. Former Worker Medical Screening Program

44. FWP Background • Program serves all former Federal, contractor, and subcontractor workers from all DOE sites 43

45. 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

46. Worker Health Protection Program Queens College, City University of New York A Medical Screening Program for Former DOE Production Workers Public Meetings September 17, 2013

47. Program Goals • The early identification of illnesses related to workplace exposures, such as radiation, asbestos, beryllium, solvents, lasers, lead, noise and other chemical hazards

48. Program Goals • Identify and notify former workers at risk for selected occupational diseases. • Offer medical screening that can lead to diagnosis and treatment for work-related illnesses such as asbestosis, chronic beryllium disease, emphysema, hearing loss, and various cancers. • Tests may include: chest x-ray, beryllium sensitivity test, hearing and vision tests, blood lead and a general health exam. • Offer and encourage repeat examinations once every three years

49. Worker Health Protection Program Overview • Screening is available to former LLNL, LBNL or SNL workers who worked for one year or more cumulative or ever worked in construction or maintenance in the labs • Independent occupational health physicians at Queens College will review your results and provide you with a detailed follow-up letter. • Provide information and assistance about medical follow-up and compensation, including Energy Employees Occupational Illness Compensation Program (EEOICPA).

50. Worker Health Protection Program Overview • Partner with Kaiser Permanente Occupational Health Clinics • Screenings available at: Livermore, Antioch, Oakland, Stockton and Roehnert Park Kaiser Clinics