EEOICPA CIRCULAR NO. 12-01 November 17, 2011
SUBJECT: W.R. Grace and Company Special Exposure Cohort Class (SEC) from May 1, 1956 through January 31, 1958.
The purpose of this circular is to notify all Division of Energy Employees Occupational Illness Compensation (DEEOIC) staff of the SEC class designation for W.R. Grace and Company in Curtis Bay, Maryland.
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 W.R. Grace and Company in Curtis Bay, Maryland.
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. § 83.13. NIOSH submitted its findings to 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 W.R. Grace and Company in Curtis Bay, Maryland.
On October 18, 2011, the Secretary of HHS designated the following class for addition to the SEC in a report to Congress:
All Atomic Weapons Employees who worked at any building or area at the facility owned by W.R. Grace and Company in Curtis Bay, Maryland, for the operational period from May 1, 1956 through January 31, 1958, 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 other classes of employees 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 Atomic Weapons Employee must have worked at least 250 workdays at any building or area at the facility owed by W.R. Grace and Company in Curtis Bay, Maryland from May 1, 1956 through January 31, 1958. If the employee does not have 250 workdays at W.R. Grace and Company in Curtis Bay, Maryland 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 W.R. Grace and Company in Curtis Bay, Maryland, 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 W.R. Grace and Company 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 “201, - Rvwd per Circular 12-01, W.R. Grace (Maryland) SEC(5/1/56-1/1/58)” 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
Attachments
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 Section