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"The Department of Labor (DOL) Site Exposure Matrices (SEM) Website is a repository of information gathered from a variety of sources regarding toxic substances present at Department of Energy (DOE) and Radiation Exposure Compensation Act (RECA) facilities covered under Part E of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). In putting together SEM, DOL held round table meetings with workers from DOE facilities all over the country and gathered their input on the hazards at these sites. DOL also obtained copies of thousands of documents from DOE regarding toxic substances at those facilities. In addition to toxic substance information, the SEM Website also contains information regarding scientifically established links between toxic substances and illnesses. Displayed links for diagnosed illnesses show how these correlate to toxic substance exposures. The relationship between toxic substances and diagnosed illnesses shown in SEM is derived from records of research by recognized medical authorities maintained by the National Library of Medicine (NLM). DOL continually updates these relationships as new disease associations are recognized by NLM. The causal links provided by NLM do not represent an exclusive list of the pathways necessary for an affirmative Part E causation determination. Every case is evaluated on its own evidentiary merits. (Please note, however that SEM does not address the relationship between radiation and cancer. For purposes of EEOICPA, the relationship between radiation and cancer is evaluated by the National Institute for Occupational Safety and Health (NIOSH))."

"After almost two years of investigation, the Government Accountability Office (GAO) issued a report on the problems reported by claimants and advocates with the implementation of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (EEOICPA). While it will take some time to comprehend the report in its entirety, the Alliance of Nuclear Worker Advocacy Groups (ANWAG) fully supports GAO's recommendation for the creation of an independent advisory board to oversee the Department of Labor's (DOL) responsibilities under EEOICPA. ANWAG also supports GAO's recommendation for transparent public access to the Site Exposure Matrices (SEM) utilized by the DOL claims examiners to adjudicate claims. "The GAO's call for scientific oversight of Part E is no small matter. It challenges the current program leadership's understanding of the complexity of the issues and highlights their unwillingness to assure the scientific integrity of the decision. GAO's recommendations support ANWAG's contention that program decisions are often arbitrary and capricious, and without scientific basis. Moreover, it supports the advocates' concerns and those of the program's last medical director, who was forced out of his job when he raised these very issues. The current DOL leadership could administratively implement independent oversight without a Congressional mandate. However, their unwillingness to do this on their own suggests that it is time for a change in DOL leadership," stated Scott Yundt of Tri-Valley CAREs."

The Alliance of Nuclear Worker Advocacy Groups has sent a letter to Labor Secretary Hilda Solis objecting to the Department of Labor's recent performance evaluation of the Energy Employees Occupational Illness Compensation Program. In a statement distributed to the news media, Terrie Barrie of ANWAG said, "I find it incredible that DOL would offer that they must be doing a great job because so few claimants filed complaints in federal court. Their logic escapes me . . . The fact that few complaints have been filed in federal court is no evidence that DOL is obeying the law." In review of performance highlights, the Labor Department said, "First, DOL has paid over $4 billion for over 43,000 claims, and the pace of those payments is accelerating, not slowing. As shown in Chart 1, total payouts under this eight-year old program have exceeded $4 billion, about $1 billion of which was issued in the last 12 months. These totals far exceed Congress' expectations at the time of enactment."

Federal agents posing as workers have completed an undercover investigation of the Department of Labor (DOL) that has resulted in claims that the department frequently mishandles serious worker complaints, placing many workers at risk. The outcome of the investigation is detailed in a new report from the Government Accountability Office (GAO) that found DOL mishandled nine out of the 10 cases included in the undercover operation. The report, which is scheduled to be released on March 25, found that the agency's Wage and Hour Division (WHD) not only failed to properly investigate wage and hour complaints, but also ignored a complaint that underage children were working at a California meatpacking plant during school hours, a violation of a number of labor laws.

A Sept. 17 House Workforce Protections Subcommittee hearing considered the impact of the Department of Labor's (DOL) worker health risk assessment proposal, a rule critics say was developed in secret and that could weaken and delay the enactment of future workplace health standards. "I have called this hearing today on the Department of Labor's proposed risk assessment regulation, because, quite frankly, I'm troubled by the agency's attempt to rush through this rule without a full consideration of its effect on the health and safety of the American worker," said Rep. Lynn Woolsey, D-Calif., in her opening statement.

DOL report listing the payments to applications for the EEOICPA program. Note this PDF file has been locked so no text or materials can be pulled.

"Senator Tom Harkin (D-IA) commented today on the findings of a Government Accountability Office (GAO) report he requested on the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA). The EEOICPA provides compensation to workers and their survivors for occupational diseases arising from toxic and radiation exposure in the government's nuclear weapons program. Several Iowans who worked on the Department of Energy's Line 1 are currently pursuing claims with the Department of Labor (DOL) through the EEOICPA. "I requested an audit of this program after constituents reported delayed compensation, difficulty navigating the program and inconsistencies with the adjudication process," Senator Harkin said. "Some claimants had to wait three years just for the government to rule on their case, and that's unacceptable. The recommendations the GAO makes in this report will help the DOL be more responsive to affected workers, and I am currently looking at the best way to implement these fixes." "

"The U.S. Department of Labor today announced that it soon will release to the public a large portion of a greatly enhanced version of its Site Exposure Matrices website. The new version will contain more data and provide additional ways to look for information regarding toxic substances at U.S. Department of Energy nuclear weapons facilities covered under Part E of the Energy Employees Occupational Illness Compensation Program Act. This more robust version of the SEM can be made public as a result of an Energy Department decision to release the more detailed information on 48 of the 116 Energy Department weapons facilities, as well as for all uranium mines, mills and ore buying stations. The enhanced system is expected to be available online at http://www.sem.dol.gov within the next month. The Departments of Labor and Energy are working together to release the remaining 68 Part E sites within the coming year. "I am proud to announce the new and expanded version of the SEM website," said Shelby Hallmark, director of the Labor Department's Office of Workers' Compensation Programs. "We have been working with the Department of Energy to make as much of it available to the public as that department felt could be done without risking national security. For this first group of sites, the public now will be able to access online the same type of data our claims examiners use to evaluate possible exposures and causal links to specific illnesses.""

he U.S. Department of Labor on February 4 announced that it has paid more than $100 million in compensation and medical benefits to Florida residents under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). The act was created to assist those individuals who became ill as a result of working in the atomic weapons industry. Survivors of such individuals may also be eligible for benefits. Since the implementation of the act, the Labor Department has paid 48,510 claimants more than $4.5 billion in compensation and medical benefits nationwide. "We are extremely proud of having compensated so many deserving Florida residents," said Rachel P. Leiton, director of the department's Division of Energy Employees Occupational Illness Compensation Program (DEEOIC). "This milestone further demonstrates DEEOIC's commitment to assisting those Cold War workers who served this nation in building its nuclear defense programs. But we also believe there may be other Floridians who have not yet filed for these benefits, including many who worked at nuclear weapons facilities elsewhere and later retired in Florida. These individuals are urged to contact the U.S. Department of Labor at 866-666-4606 to inquire about their potential eligibility."

A new audit of the sick nuclear workers compensation program found that the U.S. Department of Labor was following the rules, but the report said the federal agency could do more to help the claimants and accelerate the process. "Based on our review, we found that the claims decisions issued by DOL were based on evidence supplied by or obtained on behalf of claimants and complied with applicable laws and regulations," the report by the Labor Department's Office of Inspector General said.

Last month, I posted a copy of a letter sent to Labor Secretary Hilda Solis by Antoinette Bonsignore (on behalf of the Alliance of Nuclear Worker Advocacy Groups), objecting strongly to DOL's performance evaluation on the sick nuclear worker compensation program. Here is the link for that post. Now, Terrie Barrie of ANWAG has distributed a copy of the June 23 response from DOL, written by Rachel P. Leiton, director of the Division of Energy Employees Occupational Illness Compensation. Among Leiton's comments is this: "I do note, and it should be borne in mind by all interested parties, that the EEOICPA is a compensation program with statutorily specified eligibility requirements, and that, despite all best efforts, there will be some claimants who will not qualify for benefits."

REGARDING A PETITION FOR CONGRESS TO END THE NEGLIGENT DELAY OF THE PROMISED COMPENSATION AWARDS AND MEDICAL BENEFITS TO THE NUCLEAR FACILITY WORKERS WHO WERE MADE ILL FROM THEIR SERVICE TO THEIR COUNTRY. THE U.S. PRESIDENT AND CONGRESS DEEMED THE ESTIMATED 600,000 NUCLEAR FACILITY WORKFORCE, COURAGEOUS COLD WAR VETERANS. The implementation of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended, (EEOICPA) has been fraught with mismanagement, violations of due process, misrepresentation, and misplacement of workers medical and dosimetry records. The responsible federal agencies -- U.S. Department of Energy (DOE), National Institute of Occupational Safety and Health (NIOSH) and the Department of Labor (DOL) -- have, for seven years, followed policies that have resulted in delaying compensation for thousands of workers who served in The Cold War at the U.S. Nuclear Weapons Complex.

REGARDING A PETITION FOR CONGRESS TO END THE NEGLIGENT DELAY OF THE PROMISED COMPENSATION AWARDS AND MEDICAL BENEFITS TO THE NUCLEAR FACILITY WORKERS WHO WERE MADE ILL FROM THEIR SERVICE TO THEIR COUNTRY. THE U.S. PRESIDENT AND CONGRESS DEEMED THE ESTIMATED 600,000 NUCLEAR FACILITY WORKFORCE, COURAGEOUS COLD WAR VETERANS. The implementation of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended, (EEOICPA) has been fraught with mismanagement, violations of due process, misrepresentation, and misplacement of workers medical and dosimetry records. The responsible federal agencies -- U.S. Department of Energy (DOE), National Institute of Occupational Safety and Health (NIOSH) and the Department of Labor (DOL) -- have, for seven years, followed policies that have resulted in delaying compensation for thousands of workers who served in The Cold War at the U.S. Nuclear Weapons Complex.

According to info distributed by the Alliance of Nuclear Worker Advocacy Groups, ANWAG and the action groups at Linde Ceramics are petitioning NIOSH and the Dept. of Labor to make rules changes in the administration of the sick nuclear worker compensation program. "Congress never intended this program to develop into the ongoing and overwhelming burden it has become for sickened nuclear weapons workers or their survivors," Terrie Barrie of ANWAG said in a statement. "Congress was well aware when they passed EEOICPA that the Department of Energy did not keep adequate exposure records, particularly for chemicals and heavy metals. Yet, DOL requires claimants to provide proof of exposure where none exists. It is long past due to return this program to the original intent of the law."

According to info distributed by the Alliance of Nuclear Worker Advocacy Groups, ANWAG and the action groups at Linde Ceramics are petitioning NIOSH and the Dept. of Labor to make rules changes in the administration of the sick nuclear worker compensation program. "Congress never intended this program to develop into the ongoing and overwhelming burden it has become for sickened nuclear weapons workers or their survivors," Terrie Barrie of ANWAG said in a statement. "Congress was well aware when they passed EEOICPA that the Department of Energy did not keep adequate exposure records, particularly for chemicals and heavy metals. Yet, DOL requires claimants to provide proof of exposure where none exists. It is long past due to return this program to the original intent of the law."

"The U.S. Department of Labor is notifying all former Lawrence Berkeley National Laboratory employees who worked at the Berkeley, Calif., site between Aug. 13, 1942, and Dec. 31, 1961, about a new class of employees added to the Special Exposure Cohort of the Energy Employees Occupational Illness Compensation Program Act. The act provides compensation and medical benefits to workers who became ill as a result of working in the nuclear weapons industry. Survivors of qualified workers may also be entitled to benefits. A worker who is included in a designated SEC class of employees, and who is diagnosed with one of 22 specified cancers, may receive a presumption of causation under the EEOICPA. On April 5, 2010, the secretary of the U.S. Department of Health and Human Services designated the following class of employees as an addition to the SEC: all employees of the Department of Energy, its predecessor agencies, and their contractors and subcontractors who worked at the Lawrence Berkeley National Laboratory in Berkeley, Calif., from Aug. 13, 1942, through Dec. 31, 1961, for at least 250 workdays occurring either solely under this employment or in combination with workdays within other classes of employees in the SEC. This designation became effective on May 5, 2010. The Labor Department's role is to adjudicate these claims based on the new SEC class definitions as determined and introduced by HHS. "

The U.S. Department of Labor has announced that all former Connecticut Aircraft Nuclear Engine Laboratory (CANEL) workers have now been added to the Energy Employees Occupational Illness Compensation Program Act's (EEOICPA) Special Exposure Cohort (SEC). The EEOICPA provides compensation and medical benefits to employees who became ill as a result of working in the nuclear weapons industry. Survivors of qualified employees may also be entitled to benefits. An employee who is included in a designated SEC class of employees and who is diagnosed with a specified cancer may receive a presumption of causation under the EEOICPA. The new SEC class of former employees at CANEL includes all Department of Energy, its predecessor agencies, and Energy Department contractors and subcontractors who worked at CANEL in Middletown, Conn., from Jan. 1, 1958, through Dec. 31, 1965. Additionally, to be eligible for inclusion in an SEC, the employee had to work for a number of workdays aggregating at least 250 occurring either solely under this employment or in combination with workdays within the parameters established for other classes of employees in the SEC.

U.S. Labor Department reaches $5 billion in benefits paid and 8th anniversary of Energy Employees Occupational Illness Compensation Program Act WASHINGTON - The U.S. Department of Labor today announced that it has paid more than $5 billion in compensation and medical benefits to more than 52,600 claimants nationwide under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). This milestone coincides with the eighth anniversary of the Labor Department's administration of the EEOICPA, which provides compensation and medical benefits to employees who became ill as a result of working in the nuclear weapons industry. "I am proud to announce that the Labor Department has delivered more than $5 billion in compensation and medical benefits to deserving workers and their families during the eight years it has administered the EEOICPA," said Shelby Hallmark, acting assistant secretary of labor for employment standards. "The department is dedicated to carrying out the vital mission of this program: getting compensation and medical benefits to eligible workers and their survivors as quickly and consistently as possible. We will continue to strengthen the adjudication process, our outreach efforts and claimant services in order to carry out the EEOICPA in a manner that is consistent with the law as enacted by Congress."

I got a press release this week from the Dept. of Labor, announcing that it was continuing its Federal Agency Targeting Inspection Program, a program developed in 2008 in response to a GAO report on high-hazard federal workplaces. DOE facilities, of course, have historically been off-limits to outside inspections because of powers granted by the Atomic Energy Act. etc., but I thought maybe this new program was opening things up. When asked for a list of inspection sites and possible Oak Ridge involvement, DOL spokesman Michael Wald responded, "It is OSHA policy not to announce which sites may receive an inspection visit, so we can't identify DOE locations specifically." So, I asked John Shewairy, DOE's public affairs chief in Oak Ridge, if any Oak Ridge facilities had been inspected as part of the FEDTARG program.

Longtime readers of La Jicarita News are aware that we've written numerous articles regarding the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). This program, enacted by Congress in 2000, is supposed to provide financial compensation and medical benefits for workers at federal nuclear facilities who have been made ill by exposure to radiation and other toxins in the workplace, but in fact has provided benefits for only about 28 percent of claimants nationally and less than 20 percent of claimants from Los Alamos National Laboratory (LANL). Moreover, claimants have to undergo a lengthy bureaucratic process, which testimony before Congressional committees has demonstrated is often tainted by incompetency and insensitivity by government administrators. Knowing all that I was still surprised by the seeming indifference to sick workers' suffering displayed by number crunching bureaucrats from the National Institute of Occupational Safety and Health (NIOSH) and the Department of Labor (DOL), which administers EEOICPA, at the February 17-19 meeting of the Advisory Board on Radiation and Worker Health (ABRWH) in Albuquerque.

"Division of Energy Employees Occupational Illness Compensation (DEEOIC)" Press Releases for new cohort groups

"Entire Document (PDF - 9,097 K) 2009 Annual Report cover Message From the Ombudsman Section 1: Introduction Section 2: Tables Section 3: The Report Section 4: Issues with an Over-Reaching Impact Section 5: Covered Employment/Survivor Issues Section 6: Exposure Section 7: Causation Section 8: Impairment/Wage Loss Section 9: Other Administrative Matters Section 10: Assessment of the Most Common Complaints, Grievances and Requests for Assistance Conclusion Appendix 1: EEOICPA Statistics as of December 31, 2009 Appendix 2: List of Town Hall Meetings for Calendar Year 2009"