joint outreach task group of programs assisting doe workers public meetings september 17, 2013...
TRANSCRIPT
Joint Joint Outreach Outreach
Task Group Task Group
of programs assisting of programs assisting DOE WorkersDOE Workers
Public MeetingsPublic MeetingsSeptember 17, 2013September 17, 2013
Livermore, CALivermore, CA
Emeryville, CA Emeryville, CA
Administrative Issues Administrative Issues
Emergency Emergency ExitsExits
Rest RoomsRest Rooms PhotosPhotos Cell PhonesCell Phones
Today’s AgendaToday’s Agenda1.1. Introductions Introductions
2.2. Overview of the EEOIC Program - Part Overview of the EEOIC Program - Part B and Part EB and Part E
3.3. Overview of the EEOICPA OmbudsmanOverview of the EEOICPA Ombudsman
4.4. Former Worker Medical Screening Former Worker Medical Screening Program + Worker Health Protection Program + Worker Health Protection ProgramProgram
5.5. Questions & AnswersQuestions & Answers
6.6. Opportunity to Meet with Various Opportunity to Meet with Various RepresentativesRepresentatives
Presenters & Presenters & Attendees Attendees
Presenters:Presenters:■ Department of LaborDepartment of Labor■ EEOICPA Office of the OmbudsmanEEOICPA Office of the Ombudsman■ DOE Former Worker Medical Screening DOE Former Worker Medical Screening
ProgramProgram■Worker Health Protection Worker Health Protection
ProgramProgram
Attendees:Attendees:■ DOL California Resource Center DOL California Resource Center ■ NIOSH NIOSH
Energy Employees Energy Employees Occupational Occupational
Illness Compensation Illness Compensation ProgramProgram
Joint Outreach Task Group MeetingJoint Outreach Task Group MeetingLivermore, CA & Emeryville, CA Livermore, CA & Emeryville, CA
September 17, 2013September 17, 2013
6
Administration of the Administration of the EEOICPAEEOICPA
Part BPart B (October 2000) (October 2000)
Part E Part E (October 2004)(October 2004)
Department of Labor administers Department of Labor administers the EEOICPAthe EEOICPA Division of Energy Employees Division of Energy Employees
Occupational Illness Compensation Occupational Illness Compensation (DEEOIC)(DEEOIC)
7
Part B: Who’s Eligible?Part B: Who’s Eligible?
Covered EmployeesCovered Employees
DOE employees or its DOE employees or its contractors/subcontractocontractors/subcontractorsrs
Atomic Weapons Atomic Weapons Employers (AWE)Employers (AWE)
Eligible SurvivorsEligible Survivors
Surviving spouse Surviving spouse Children – Regardless of Children – Regardless of
age age ParentsParents
Beryllium vendors Beryllium vendors (BV)(BV)
RECA Section 5 RECA Section 5 awardeesawardees
Grandchildren Grandchildren GrandparentsGrandparents
88
Covered Time Periods Covered Time Periods Eligible employees need to have worked at a covered facility Eligible employees need to have worked at a covered facility
during a covered time period during a covered time period
Lawrence Livermore National LaboratoryLawrence Livermore National Laboratory Location: Livermore, CaliforniaLocation: Livermore, California Covered Time Period: 1950 - PresentCovered Time Period: 1950 - Present
Lawrence Berkeley National LaboratoryLawrence Berkeley National Laboratory Location: Berkeley, CaliforniaLocation: Berkeley, California Covered Time Period: 1942 – PresentCovered Time Period: 1942 – Present
Sandia National Laboratories – LivermoreSandia National Laboratories – Livermore Location: Livermore CaliforniaLocation: Livermore California Covered Time Period: 1956 - PresentCovered Time Period: 1956 - Present
Covered Facility Database: Covered Facility Database: http://www.hss.energy.gov/healthsafety/fwsp/advocacy/faclist /findfacility.cfm/findfacility.cfm
99
Means of Verifying Means of Verifying EmploymentEmployment
DOEDOE EE-5 Employment Verification FormEE-5 Employment Verification Form
Oak Ridge Institute for Science and Oak Ridge Institute for Science and Education (ORISE) databaseEducation (ORISE) database
The Center for Construction Research The Center for Construction Research and Training (CPWR)and Training (CPWR)
Corporate Verifiers Corporate Verifiers SSA wage data SSA wage data Other SourcesOther Sources
Including affidavits and records or Including affidavits and records or documents created by state and federal documents created by state and federal agenciesagencies
10
Part B: Covered Part B: Covered ConditionsConditions
Radiation induced cancer Radiation induced cancer
Beryllium DiseaseBeryllium Disease Beryllium Sensitivity – Medical Beryllium Sensitivity – Medical
Monitoring OnlyMonitoring Only
Chronic Silicosis (for miners in Chronic Silicosis (for miners in Nevada and Alaska)Nevada and Alaska)
““Supplement” for RECA Section 5 Supplement” for RECA Section 5 uranium workersuranium workers
11
Part B: Dose Part B: Dose Reconstruction & Reconstruction &
Probability of CausationProbability of Causation Part B Part B CancerCancer Cases: Cases:
Dose Reconstruction Needed - Conducted Dose Reconstruction Needed - Conducted by NIOSHby NIOSH
Level and extent of occupational radiation Level and extent of occupational radiation dose dose
Probability of Causation (PoC)Probability of Causation (PoC) Scientific calculation of likelihood that Scientific calculation of likelihood that
radiation exposure caused cancerradiation exposure caused cancer NIOSH-IREPNIOSH-IREP PoC - 50% or greater for award PoC - 50% or greater for award
12
Part E: Who’s Eligible?Part E: Who’s Eligible?
Eligible Covered EmployeesEligible Covered Employees DOE contractor or subcontractor employees DOE contractor or subcontractor employees Does NOT include DOE, AWE, and BV workers Does NOT include DOE, AWE, and BV workers
Eligible SurvivorsEligible Survivors Surviving Spouse Surviving Spouse Employee’s Children, if no surviving spouse, and if at Employee’s Children, if no surviving spouse, and if at
the time of the employee’s death the child was:the time of the employee’s death the child was: Under the age of 18Under the age of 18 Under the age of 23 and a full-time student, Under the age of 23 and a full-time student,
continuously enrolled in an educational institution continuously enrolled in an educational institution since age 18since age 18
Any age if medically incapable of self supportAny age if medically incapable of self support
13
DOE Contractors DOE Contractors Lawrence Livermore National LaboratoryLawrence Livermore National Laboratory
Location: Livermore, CaliforniaLocation: Livermore, California University of California (1952-2007)University of California (1952-2007) Lawrence Livermore National Security, LLC (2007-Lawrence Livermore National Security, LLC (2007-
present)present)
Lawrence Berkeley National LaboratoryLawrence Berkeley National Laboratory Location: Berkeley, CaliforniaLocation: Berkeley, California University of California (1942 – Present)University of California (1942 – Present)
Sandia National LaboratoriesSandia National Laboratories Location: Livermore, CaliforniaLocation: Livermore, California Lockheed Martin (1995 – Present); Martin Marietta Lockheed Martin (1995 – Present); Martin Marietta
(1993 – 1995); AT&T (1951 – 1993)(1993 – 1995); AT&T (1951 – 1993)
14
Part E: Illness from Toxic Part E: Illness from Toxic Exposure Exposure
All conditions (not symptoms of All conditions (not symptoms of conditions) are covered conditions) are covered
Must show that toxic exposure at a covered Must show that toxic exposure at a covered DOE facility was a significant factor in:DOE facility was a significant factor in:
Causing, Contributing to, or Aggravating the Causing, Contributing to, or Aggravating the claimed condition claimed condition
DOL will assist with verifying Part E toxic DOL will assist with verifying Part E toxic exposure exposure
Claimant bears overall burden of proving his or Claimant bears overall burden of proving his or her claimher claim
15
Part E: Means of VerifyingPart E: Means of Verifying Toxic Exposure Toxic Exposure
DOL Resource Centers DOL Resource Centers Occupational History Questionnaires Occupational History Questionnaires
(OHQ)(OHQ) Site Exposure Matrices (SEM)Site Exposure Matrices (SEM)
Identifies toxic substances related to labor Identifies toxic substances related to labor categories, processes, buildings, and major categories, processes, buildings, and major incidents incidents
Website available at Website available at www.sem.dol.gov DOE Document Acquisition Request DOE Document Acquisition Request
(DAR)(DAR) Claimant RecordsClaimant Records
16
Part E: Employee Impairment Part E: Employee Impairment
Determination of % permanent Determination of % permanent whole person impairment due to whole person impairment due to covered illness covered illness
AMA’s Guides to the Evaluation of AMA’s Guides to the Evaluation of Permanent Impairment, 5Permanent Impairment, 5thth Edition Edition
$2,500 awarded for each % of $2,500 awarded for each % of impairmentimpairment
17
Part E: Employee Wage Loss Part E: Employee Wage Loss
Medical evidence must show Medical evidence must show decreased capacity to work decreased capacity to work
Employee Compensation:Employee Compensation:
Any year <50% of the pre-disability Any year <50% of the pre-disability annual wage = $15,000 compensation annual wage = $15,000 compensation
Any year > 50% but <75% of the pre-Any year > 50% but <75% of the pre-disability annual wage = $10,000 disability annual wage = $10,000 compensationcompensation
1818
BenefitsBenefitsPart BPart B Part EPart E
$150,000 Employee $150,000 Employee + Survivor+ Survivor
Impairment $2,500 Impairment $2,500 per % (Employee)per % (Employee)
$50,000 RECA $50,000 RECA Employee + Employee + SurvivorSurvivor
Wage Loss $10,000 Wage Loss $10,000 -$15,000 per year -$15,000 per year (Employee)(Employee)
$125,000 Survivor $125,000 Survivor (+ lump-sum Wage (+ lump-sum Wage Loss if eligible)Loss if eligible)
$400,000 CAP for B+E combined$400,000 CAP for B+E combined
Medical BenefitsMedical Benefits Broad coverage for medicalBroad coverage for medical treatment treatment
costs linked to accepted work-related costs linked to accepted work-related illness(es)illness(es) Routine medical care - including office visits, Routine medical care - including office visits,
diagnostic services (lab and radiology services)diagnostic services (lab and radiology services) Prescription medicationsPrescription medications Other services including inpatient care, outpatient Other services including inpatient care, outpatient
services (chemotherapy, radiation treatment, etc.)services (chemotherapy, radiation treatment, etc.) Medical travel expenses Medical travel expenses
Transportation, lodging, meals, and misc. expenses Transportation, lodging, meals, and misc. expenses (tolls, parking, baggage, etc.)(tolls, parking, baggage, etc.)
Durable Medical EquipmentDurable Medical Equipment Wheel chairs, hospital beds, oxygen and suppliesWheel chairs, hospital beds, oxygen and supplies
19
Medical Benefits Medical Benefits (continued)(continued)
Modification to vehicle or homeModification to vehicle or home Extended care facility Extended care facility
Residential nursing home, assisted living Residential nursing home, assisted living facility, etc.facility, etc.
HospiceHospice Home Health CareHome Health Care (HHC)(HHC)
Skilled nursing-LPN, RN Skilled nursing-LPN, RN Personal assistance-HHA, PCAPersonal assistance-HHA, PCA
20
21
Decision Process Decision Process Recommended Decision – District Office Recommended Decision – District Office
Preliminary determination Preliminary determination Cover letter, decision, and rights to object Cover letter, decision, and rights to object
(oral hearing/review of written record)(oral hearing/review of written record) Final Decision – Final Adjudication Final Decision – Final Adjudication
BranchBranch Affirmation of recommend decision or Affirmation of recommend decision or
remand based on objection/independent remand based on objection/independent review review
Claimant Rights – Reconsideration & Claimant Rights – Reconsideration & ReopeningReopening
22
Claimant Responsibilities Claimant Responsibilities
File Claim File Claim Collect/Copy/Submit relevant Collect/Copy/Submit relevant
records records Respond to information requests Respond to information requests Talk to co-workers – get affidavits Talk to co-workers – get affidavits Seek assistance if you need help – Seek assistance if you need help –
call Resource Center call Resource Center Review decision and information Review decision and information
for appeal for appeal
23
Claimant ResourcesClaimant Resources
Resource Centers – 11 locationsResource Centers – 11 locations California Resource Center toll free number: California Resource Center toll free number:
(866) 606-6302(866) 606-6302 District Offices – 4 locations District Offices – 4 locations
Seattle District Office toll free number: (888) Seattle District Office toll free number: (888) 805-3401805-3401
DEEOIC web siteDEEOIC web site http://www.dol.gov/owcp/energy/http://www.dol.gov/owcp/energy/ General program informationGeneral program information SEM website SEM website FormsForms Sample decisionsSample decisions
California California 29 Covered Facilities are located in California 29 Covered Facilities are located in California
including: including:
Area IV of the Santa Susana Area IV of the Santa Susana Field LaboratoryField Laboratory
Arthur D. Little Co.Arthur D. Little Co. Atomics InternationalAtomics International C.L. Hann IndustriesC.L. Hann Industries California Research Corp.California Research Corp. Canoga Avenue FacilityCanoga Avenue Facility Ceradyne, Inc. (Santa Ana)Ceradyne, Inc. (Santa Ana) Ceradyne, Inc. (Costa Mesa)Ceradyne, Inc. (Costa Mesa) City Tool & Die ManufacturingCity Tool & Die Manufacturing De Soto Avenue FacilityDe Soto Avenue Facility Dow Chemical Co.Dow Chemical Co. Downey FacilityDowney Facility EDM ExoticsEDM Exotics
Electro Circuits, Inc.Electro Circuits, Inc. General AtomicsGeneral Atomics General Electric VallecitosGeneral Electric Vallecitos Hafer ToolHafer Tool Hexcel Products, Inc.Hexcel Products, Inc. High Energy Rate Forging High Energy Rate Forging
(HERF) Facility(HERF) Facility Hunter Douglas Aluminum Hunter Douglas Aluminum
Corp.Corp. Laboratory of Biomedical and Laboratory of Biomedical and
Environmental SciencesEnvironmental Sciences Laboratory of Radiobiology Laboratory of Radiobiology
and Environmental Healthand Environmental Health Lawrence Livermore National Lawrence Livermore National
LaboratoryLaboratory
24
California California 29 Covered Facilities (cont’d)29 Covered Facilities (cont’d)
LebowLebow Jerry Carroll Machining, Inc.Jerry Carroll Machining, Inc. Lawrence Berkeley National Lawrence Berkeley National
LaboratoryLaboratory Philco-For Pleasanton Tool Philco-For Pleasanton Tool
and Manufacturingand Manufacturing Poltech PrecisionPoltech Precision Robin MaterialsRobin Materials
Ron Witherspoon, Ron Witherspoon, Inc.Inc.
Sandia Laboratory, Sandia Laboratory, Salton Sea BaseSalton Sea Base
Sandia National Sandia National Laboratories—Laboratories—LivermoreLivermore
Stanford Linear Stanford Linear Accelerator CenterAccelerator Center
Stauffer Metals, Inc.Stauffer Metals, Inc. TapemationTapemation
25
Covered Covered Facilities Facilities Website:Website:
http://www.hss.energy.gov/http://www.hss.energy.gov/healthsafety/fwsp/advocacy/faclist/healthsafety/fwsp/advocacy/faclist/
findfacility.cfmfindfacility.cfm
26
27
EEOICPA CompensationEEOICPA Compensation
$9.7 Billion Total $9.7 Billion Total Compensation Compensation
$5 Billion Part B$5 Billion Part B
$3 Billion Part E$3 Billion Part E
$1.6 Billion $1.6 Billion Medical Medical
Data as of August 30, 2013
District Office Jurisdictional District Office Jurisdictional MapMap
29
JOINT OUTREACH TASK GROUP MEETING
LIVERMORE & EMERYVILLE CALIFORNIA
SEPTEMBER 17, 2013
OFFICE OF THE OMBUDSMANFOR
EEOICPA
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
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.
OFFICE OF THE OMBUDSMAN
Duties:
1. Provide information on the benefits available under the EEOICPA.
2. Make recommendations regarding the location of resource centers for the acceptance and development of claims – there are currently 11 resource centers.
3. 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
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.
OMBUDSMAN ASSISTANCE
Outreach efforts and initiatives include:
1. Sponsoring town hall meetings.
2. Participating in DEEOIC sponsored town hall meetings and traveling resource centers.
3. Offering opportunities for individuals to speak one-on-one with the Ombudsman staff.
4. Coordinating efforts with the Joint Outreach Task Group (JOTG).
OFFICE OF THE OMBUDSMAN
Limitations – the Office cannot:
o Rule or make decisions on claims.o Make DEEOIC reverse or change a decision.o Make Congress revise the EEOICPA.o Take DEEOIC to court.o Lobby Congress.o Act as an advocate.
OMBUDSMAN CONTACT INFORMATION
Mail: U.S. Department of LaborOffice of the Ombudsman200 Constitution Ave., NW Room N-2454
Washington, D.C. 20210
Toll Free: 1-877-662-8363Email: [email protected]: www.dol.gov/eeombd
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)
4040
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.
4141
DOE Responsibilities
1.Respond to DOL and NIOSH requests for information related to individual claims. (employment verification, exposure records).
2.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.
3.Conduct research, in coordination with DOL and NIOSH, on issues related to covered facilities designations.
4242
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.
43
Former Worker Medical Screening Program
4444
FWP Background
• Program serves all former Federal, contractor, and subcontractor workers from all DOE sites
4545
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.
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
Program Goals
• The early identification of illnesses related to workplace exposures, such as radiation, asbestos, beryllium, solvents, lasers, lead, noise and other chemical hazards
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
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).
•
Worker Health Protection Program Overview
• Partner with Kaiser Permanente Occupational Health Clinics
• Screenings available at: Livermore, Antioch, Oakland, Stockton and Roehnert Park Kaiser Clinics
Worker Health Protection Program Overview
• Active at 13 DOE sites, over 29,000 participants to date nationwide
• Began screening N. Cali workers in 2007
• 2,225 N. Cali workers screened through 9/1/2013
• Introducing SLAC facility in 2014
Worker Health Protection Program Contact
• Appointment information: 1-866-460-0628
• Other program information:718-670-4228
• www.worker-health.org
• Table set up in entrance
Questions????Questions????