EEOICPA BULLETIN NO.08-08

 

Issue Date: November 8, 2007

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Effective Date: July 22, 2007

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Expiration Date: November 8, 2008

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Note: This bulletin updates Bulletin 07-23 (Processing Claims for Special Exposure Cohort Class for covered employees of the Los Alamos National Laboratory, March 15, 1943 through December 31, 1975) by adding Technical Area 33 (TA-33) to the table of operational technical areas that potentially used radioactive material in Attachment 3.

 

Subject:  Processing Claims for a Special Exposure Cohort (SEC) Class for covered employees of the Los Alamos National Laboratory (LANL), March 15, 1943 through December 31, 1975.

 

Background: On August 3, 2007, the Division of Energy Employees Occupational Illness Compensation (DEEOIC) issued EEOICPA Bulletin 07-23, Processing Claims for a new Special Exposure Cohort (SEC) Class for covered employees of the Los Alamos National Laboratory (LANL), March 15, 1943 through December 31, 1975. Bulletin 07-23 included Attachment #3, provided by the National Institute for Occupational Safety and Health (NIOSH), which listed all the technical areas at LANL that NIOSH had concluded used radioactive material during the SEC time period. After the issuance of Bulletin 07-23, NIOSH notified DEEOIC that they had inadvertently omitted Technical Area 33 (TA-33) from the table listing the technical areas (TAs) that were known to have a history of radioactive material use.

 

References: Energy Employees Occupational Illness Compensation Program Act of 2000, 42 U.S.C. 7384 et seq.; 42 C.F.R. Part 83, Procedures for Designating Classes of Employees as Members of the Special Exposure Cohort Under EEOICPA; the June 22, 2007 letter to Congress from the Secretary of HHS in which Secretary Leavitt makes the designation; EEOICPA Bulletin No. 07-23; the September 10, 2007 letter from NIOSH to DEEOIC.

 

Purpose: To add Technical Area 33 (TA-33) to the list of TAs in LANL that was known to have a history of radioactive material use.

 

Applicability: All staff.

 

Actions: Pursuant to Bulletin 07-23, NIOSH provided a list that identified TAs with a history of radioactive material use. Bulletin 07-23 instructed the Claims Examiner (CE) to consider all TAs found on this list as covered for purposes of assessing employment at a location that is part of the SEC class for LANL. This list was provided as Attachment 3 under Bulletin 07-23 and is an addendum to the SEC Petition Evaluation Report (Table Addendum-2: List of TAs NIOSH has Concluded Used Radioactive Material During the Covered Period). Since the issuance of Bulletin 07-23, NIOSH has notified DEEOIC that TA-33 was inadvertently omitted from this list. The CE is now to consider TA-33 as having a history of radioactive material use. Evidence showing employment at TA-33 must be considered covered for purposes of assessing employment for inclusion in the SEC class for LANL in accordance with the procedures developed under Bulletin 07-23.

 

Disposition: Retain until incorporated in the Federal (EEOICPA) Procedure Manual.

 

 

 

 

PETER M. TURCIC

Director, Division of Energy Employees

Occupational Illness Compensation