EEOICPA BULLETIN NO.09-02

Issue Date: November 13, 2008

________________________________________________________________

Effective Date: November 13, 2008

________________________________________________________________

Expiration Date: November 13, 2009

________________________________________________________________

Subject: Subcontractor database for verification of contractual relationship at covered facilities.

Background: As described in EEOICPA Bulletin No.06-09, The Center for Construction Research and Training nee The Center to Protect Workers’ Right (CPWR) is tasked with assisting the Division of Energy Employees Occupational Illness Compensation (DEEOIC) to verify employment, in part by confirming that contractor or subcontractor employers were engaged in contractual employment at covered Department of Energy (DOE) facilities. With the recognition that CPWR collects vast amounts of data about the various employers engaged in contractual or subcontractual work at DOE facilities, the DEEOIC also tasked CPWR with developing a centralized means to record information about the employers who performed work at DOE and Beryllium Vendor (BV) facilities covered under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). This information could then be made available to DEEOIC staff to assist in the verification of employment in other claims.

The outcome of this project is a web-accessible database, which can be used by the Claims Examiner (CE) in identifying and confirming the existence of contractor or subcontractor employers at certain covered facilities.The database currently contains contractual information for approximately 1000 contractors and subcontractors. The information includes the name of the facility where the employer performed work and, in many instances, the period of time the employer was present at the facility. If available, the current mailing address and any aliases of the employer are listed. Additionaly, the database provides a brief description of the evidence used to establish the contractual relationship. This database is intended to serve as a valuable resource in assisting claimants with the establishment of a claim for compensation, and will continuously be updated as new information is identified. The claims Examiner (CE) is to use this database during the routine development of cases filed under Parts B and Eof the EEOICPA.

Reference: EEOICPA Bulletin No. 06-09, Center to Protect Workers’ Rights (CPWR),EEOICPA Bulletin No. 03-27, Establishing Covered Subcontractor Employment, Federal (EEOICPA) Procedure Manual, Chapters 2-0400 and 0500, and 20 CFR §30.205(a)(3).

Purpose: To provide guidance on how to use the web-based contractor/subcontractor database developed by CPWR for DEEOIC.

Applicability: All staff.

Actions:

1. Upon identification of claimed contractual or sub-contractual employment at a covered facility, it is necessary for the CE to verify that (1) the employee worked for the claimed employer, (2) the employer was contractually linked to the covered facility, and (3) the employee was “at” the covered facility.To assist the CE determine if a claimed employer is contractually linked to a covered facility, a web-based database has been developed to identify employers known to have operated under a contract or subcontract at certain covered facilities.Presently, the database retains data on employers at the following facilities:

Amchitka

Argonne National Lab West

Atomics International

Brookhaven

Canoga Avenue

Clarksville Base (aka Mason-Hanger)

Clinton Engineering Works

De Soto Avenue

Downey Facility

Ethyl Corporation

Fernald (aka FMPC)

General Steel Industries

Hanford

INEEL

Iowa Army Ammunition Plant (IOP)

Kansas City Plant

Latty Avenue Properties

Lawrence Berkeley

Lawrence Livermore

Los Alamos National Lab

Mallinckrodt

Mound

Nevada Test Site

Oak Ridge (K25,S-50, Y-12, X-10 or National Laboratory)

Oak Ridge Institute for Science and Education (ORISE)

Ore Buying Station at Moab, UT

Paducah Gaseous Diffusion Plant

Pantex

Pinellas Plant

Portsmouth Gaseous Diffusion Plant

Rocky Flats

Sandia National Laboratory

Santa Susanna Field Laboratory

Savannah River

Stanford Linear Accelerator Center (SLAC)

The Mill at Moab, UT

Weldon Spring Plant

Yucca Mountain

2. If the CE identifies contractual employment claimed at one or more of the facilities where the database maintains contractor or subcontractor evidence, the CE must go to www.btcomp.org.A log on screen will then appear.Each district office will be assigned one original user name and password.

3. Upon access to the web site, a disclaimer notes the database is a general information resource tool.It is not intended to nor does it contain all documents that relate to DOE contractors and/or subcontractors.However, DEEOIC considers the database accurate and correct based on information available.The CE must accept the disclaimer. Upon acceptance of the disclaimer, the database opens into basic search mode.The database allows various ways to search for information: by subcontractor name, by site, or by scrolling down the subcontractor master list.

4. To search by contractor/subcontractor name, the CE enters the name of the company identified in the evidence from the case record.The company name may be the current recognized employer name, an acronym for the employer, or a previous iteration. It is recommended that the CE search the database using various combinations or spellings or aliases for the employer name.This will increase the likelihood of a positive outcome and reduce the number of false negative results.For example, if a CE enters the name “Bowles Construction Company” the database will return a negative result.However, if the CE enters “Bowles” or “Bowles Construction” the employer will appear in the return.

5. To search by site, i.e. covered facility, the CE clicks on the list box labeled “by site” on the left hand side of the screen and selects the facility for which he or she is seeking contractor or subcontractor information.This will return all employers known by CPWR linked to the facility. It may be necessary for the CE to scroll down to view all named employers.To view detail for a named employer, the CE merely needs to access the “view” link under the options category.It should be noted that in some instances a contractor or subcontractor name might be linked to multiple covered facilities.In these instances, the detail return for the employer will be separated into sections by covered site.

6. It is also possible for the CE to simply search the comprehensive listing (master list) of all contractor employers listed in the database which appears if no name or site search criteria are applied or if the option “show all” is selected. It should be noted that a unique document identification (Doc Id) has been assigned to each contractual finding. The Doc Id is used by CPWR as a means of tracking. The CE will not access information using the Doc Id.

7. After the CE has accessed the database and conducted appropriate research to locate a contractor/subcontractor, it will be necessary to document the case file.In the case of a positive result, the CE prints a copy of the screen for the case file.The print out must show all the results of the database search including the employer name, site name, contractual relationship indicator,dates verified, type of work performed, description of evidence, document ID, and date of database update. Generally, this information must be printed based on a “landscape” printer setting (click on ‘File’, then ‘Page Setup’ to select ‘Landscape’).The printout should also list the date of the database search, the date of the latest update of a facility and any other pertinent facts.In the situation where a database search does not return any result,the CE completes a “Memorandum to the file” noting the lack of information in the database for that claimed contractor/subcontractor. The memorandum should be dated and signed by the CE. The database contains records on employers linked to a DOE facility for which probative documentation has yet to be retrieved. Any employer found within the database that does not have the “contractual relationship” indicator checked cannot be used to confirm that the employer is linked to the facility and should not be printed out for the file.

8.The purpose of the database is solely to show a relationship between a DOE facility and a contractor or subcontractor employer.A positive result may return varying levels of information about an employer linked to a facility. For example, a database return may merely list that a contractor or subcontractor was linked to a particular facility, but not when.In addition to the database results, it is also important for the CE to remember that additional development may be needed independent of the database to ensure that an individual was actually an employee of a claimed contractor or subcontractor employer, particularly during a covered time period of the facility in question. The database also provides no information as to whether an employee was at a covered facility. As such,the CE must always develop employment to determine if the employee worked at the covered facility. Ultimately, as with many other aspects of the program,the evidence of record must be sufficient to convince the adjudicator of the accuracy of the claim presented.The CE must evaluate the totality of all evidence contained in a case file.

9. If the contractor or subcontractor is not listed on the database, additional development will be necessary. The CE is not to assume that a no return in the database establishes that the claimed employer was not a contractor or subcontractor.The CE must use all other resources that may potentially establish a contractual relationship including union records, affidavits, CPWR, Social Security Administration records, etc.

10. When the database is searched, the CE is to enter the claim status code “DE” (Developing Employment) in the claim status history screen in ECMS.Upon entry of the “DE” code, the CE must select the reason code “CD-CPWR Subcontractor Database Searched” from the corresponding drop-down box.The status effective date of the DE/CD code is equal to the date the database is searched (which is the date of the memorandum to the file) even when no data is returned.

11. Each District Office has an assigned CPWR Point of Contact (POC) who serves as an intermediary between the company and the DEEOIC. These POCs are responsible for assisting co-workers within the district office utilize resources including this new web-based database.If a CE encounters problems or needs assistance with the use of the contractor/subcontractor database, he or she should contact the district office POC.

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

RACHEL P. LEITON

Director, Division of Energy Employees

Occupational Illness Compensation

Distribution List No. 1: Claims Examiners, Supervisory Claims Examiners, Technical Assistants, Customer Service Representatives, Fiscal Officers, FAB District Managers, Operation Chiefs, Hearing Representatives, District Office Mail & File Sections