Energy Employees Occupational Illness Compensation Program

1. Energy Employees Occupational Illness Compensation Program Savannah River Site Town Hall Meeting Augusta, Georgia April 17, 2012

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

3. Administration of the EEOICPA • Part B (October 2000) • Part E (October 2004) • Agencies: • Department of Labor (DOL) • Department of Energy (DOE) • Department of Health and Human Services (HHS) • National Institute for Occupational Safety and Health (NIOSH) • Department of Justice (DOJ)

4. EEOICPA Compensation • $7.9 Billion Total Compensation • $4.29 Billion Part B • $2.56 Billion Part E • $1.06 Billion Medical Data as of March 26, 2012

5. Savannah River Compensation • $502.8 Million Total Compensation • $240.0 Million Part B • $202.9 Million Part E • $59.9 Million Medical Data as of March 26, 2012

6. Employee Eligibility 5

7. Covered Conditions 6

8. Survivor Definition 7

9. Part B: Dose Reconstruction & Probability of Causation • Dose Reconstruction • 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

10. Part B: Special Exposure Cohort • Worker Group Designation • Presumption – occupational radiation caused cancer • Employment • Worked particular location or specific process • Work day requirement – 250 work days • “Specified” Cancer • 21 cancers named in law

11. Part B: Adding New SEC Classes • NIOSH designates new SEC classes • Worker Petition or Agency Decision • Advisory Board Assistance • 4 statutory SEC classes (3 GDPs + Amchitka) • As of March 1, 2012, HHS has designated 85 additional SEC classes • DOL administers SEC cases • No role in designation

12. Savannah River SEC Class:Effective March 3, 2012 • Qualifying Employment: • DOE employees (or employees of predecessor agency – AEC) • DOE contractors and subcontractors • Worked at Savannah River Site in Aiken, South Carolina, 250 work days from January 1, 1953 through September 30, 1972 • Includes all areas and workers employed at the Savannah River Site • Those areas not within the boundaries of the Savannah River Site are not included in the SEC

13. Savannah River Site Contractors • E.I. Du Pont de Nemours and Company: • 1950 – 1989 • Westinghouse Savannah River Company: • 1989 – Present

14. 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 Affidavits 13

15. Savannah River Site Claim Reviews • Claims reviewed for SEC inclusion: • Pending dose reconstruction at time of SEC class • Previously denied for POC <50% • Potentially affected cases identified – tracked to resolution • Goals for each new SEC class to prioritize SEC acceptance

16. 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

17. 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

18. 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

19. Benefits 18

20. Decision & Appeals 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 recommendation or remand based on objection/ independent review Appeal Rights – Reconsideration, Reopening & District Court 19

21. 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

22. Claimant Resources • Resource Centers – 11 locations • Savannah River Resource Center toll free number: (866) 666-4606 • District Offices – 4 locations • Jacksonville District Office toll free number: (877) 336-4272 • DEEOIC web site • http://www.dol.gov/owcp/energy/ • General program information • SEM website • Forms • Sample decisions

23. Program Statistics Program statistics for Part B and Part E available at DOL’s web site:http://www.dol.gov/owcp/energy/regs/compliance/weeklystats.htm Program statistics by state and worksite available at: http://www.dol.gov/owcp/energy/regs/compliance/statistics/Statistics.htm Program statistics updated daily 22

24. District Office Jurisdictional Map

26. Questions?