EEOICPA CIRCULAR NO. 12-03 November 17, 2011
SUBJECT: Ames Laboratory at Iowa State University Special Exposure Cohort Class (SEC) from August 13, 1942 through December 31, 1970.
The purpose of this circular is to notify all Division of Energy Employees Occupational Illness Compensation (DEEOIC) staff of the SEC class designation for Ames Laboratory at Iowa State University in Ames, Iowa.
Pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA) and 42 C.F.R. Part 83, a petition was filed on behalf of workers from Ames Laboratory at Iowa State University in Ames, Iowa to be added to the Special Exposure Cohort (SEC).
The decision to initiate this petition occurred after the National Institute for Occupational Safety and Health (NIOSH) determined that it could not reconstruct a dose under 42 C.F.R. § 83.14. NIOSH submitted its findings to the petitioners and the Advisory Board on Radiation and Worker Health (“the Board”). On September 14, 2011, the Board submitted recommendations to the Secretary of Health and Human Services (HHS) to add to the SEC a class of employees who worked at Ames Laboratory at Iowa State University in Ames, Iowa.
On October 18, 2011, the Secretary of HHS designated the following class for addition to the SEC in a report to Congress:
All Department of Energy employees, its predecessor agencies, and its contractors and subcontractors who worked in any area of the Ames Laboratory at Iowa State University during the period from August 13, 1942 through December 31, 1970, for a number of work days aggregating at least 250 work days, occurring either solely under this employment or in combination with work days within the parameters established for one or more classes of employees included in the Special Exposure Cohort.
A copy of the Secretary’s letter to Congress recommending the designation is included as Attachment 1. Although Congress had the authority to reject the recommendation within a 30-day time frame, Congress took no action. Therefore, the SEC designation for this class became effective as of November 17, 2011, which was 30 days after the Secretary of HHS designated the class for addition to the SEC in the report to Congress.
To qualify under this SEC class, the employee must be an employee of the Department of Energy, an employee of one of its predecessor agencies, or a contractor or subcontractor who has worked at least 250 workdays at Ames Laboratory at Iowa State University in Ames, Iowa between August 13, 1942 and December 31, 1970. If the employee does not have 250 workdays at Ames Laboratory at Iowa State University in Ames, Iowa during the period of the class, the case file must be reviewed to determine if additional days in the SEC can be found by combining days from employment meeting the criteria for other SEC classes and aggregating them together to meet the 250-workday requirement.
While a new SEC class has been added for employees who worked at Ames Laboratory at Iowa State University in Ames, Iowa, NIOSH intends to use any available internal and external monitoring data that may become available for an individual claim (and that can be interpreted using existing NIOSH dose reconstruction processes or procedures). This means that for claims that do not satisfy the SEC membership criteria, a partial dose reconstruction is to be performed by NIOSH.
A copy of the NIOSH letter to affected Ames Laboratory at Iowa State University employees is included as Attachment 2.
This Circular should be used in conjunction with EEOICPA Bulletin No. 11-07, Special Exposure Cohort Claim Processing. A screening worksheet is included as Attachment 3.
The reason code “203, - Rvwd per Circular 12-03, Ames Laboratory SEC (8/13/42-12/31/70)” has been added to ECMS to be used in conjunction with the NA, ISL, ISU, ISD, SER, and SEF codes as outlined in EEOICPA Bulletin No. 11-07.
RACHEL P. LEITON
Director, Division of Energy Employees
Occupational Illness Compensation
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