Joint Outreach Task Group Meeting August 27, 2014 Spokane, Washington Administrative Issues Emergency Exits Rest Rooms Photos Cell Phones Todays Agenda 1. 2.
Introductions Overview of EEOIC Program 3. 4. 5. 6. 7. Part B Benefits Part E Benefits EEOICPA Ombudsmans Office Department of Energy (DOE)
DOE-funded Former Worker Screening Program Questions and Answers Opportunity to Meet with Various Representatives PRESENTERS and ATTENDEES Presenters Department of Labor Office of the Ombudsman for EEOICPA Department of Energy Building Trades National Medical Screening Program Attendees
National Institute of Occupational Safety and Health DOL Seattle District Office DOL Hanford Resource Center Energy Employees Occupational Illness Compensation Program Joint Outreach Task Group Meeting Spokane, Washington August 27, 2014 Washington
2 Covered Facilities are located in Washington: Hanford (1942-Present) Pacific Northwest National Laboratory (2005-Present) http://www.hss.energy.gov/healthsafety/fwsp/ advocacy/faclist /findfacility.cfm Means of Verifying
Employment DOE EE-5 Employment Verification Form Oak Ridge Institute for Science and
Education (ORISE) The Center for Construction Research and Training (CPWR) Corporate Verifiers SSA wage data Other Sources Including affidavits and records or documents created by state and federal agencies 8 Part B: Whos Eligible?
Covered Employees DOE employees or its contractors/subcontractors Atomic Weapons Employers (AWE) Eligible Survivors Surviving spouse Children Regardless of age Parents Beryllium Vendors (BV) RECA Section 5 awardees
Grandchildren Grandparents Part B: Covered Conditions Radiation induced cancer Beryllium Disease
Beryllium Sensitivity Medical Monitoring Only Chronic Silicosis Supplement for RECA Section 5 uranium workers Part B: Dose Reconstruction & Probability of Causation
Part B Cancer Cases: Dose Reconstruction Needed - Conducted by NIOSH Level and extent of occupational radiation dose Probability of Causation (PoC)
Scientific calculation of likelihood that radiation exposure caused cancer NIOSH-IREP PoC - 50% or greater for award Part B: Special Exposure Cohort Causation presumed for Special Exposure Cohort (SEC) members diagnosed with a specified cancer
NIOSH Dose Reconstruction is not needed Specified Cancer 22 cancers named in law Hanford Site SEC Class: Effective January 9, 2010 the following class of employees was added to the Special Exposure Cohort (SEC) of the EEOICPA: All employees of DOE, its predecessor agencies, and its contractors and subcontractors who worked at the Hanford Site in Richland, Washington, from October 1, 1943 through June 30, 1972, for a number of workdays
aggregating at least 250 workdays, occurring either solely under this employment or in combination with workdays within the parameters established for one or more other class of employees in the SEC. The January 9, 2010, SEC class subsumed both prior June 29, 2008 and October 12, 2007, Hanford Site SEC classes Hanford Site SEC Class: Effective September 22, 2012, the following additional class of employees was added to the SEC of the EEOICPA: All employees of the Department of Energy (DOE),
its predecessor agencies, and its contractors and subcontractors who worked at the Hanford Site in Richland, Washington, from July 1, 1972 through December 31, 1983, for a number of workdays aggregating at least 250 workdays, occurring either solely under this employment or in combination with workdays within the parameters established for one or more other class of employees in the SEC. Part E: Whos Eligible? Eligible Covered Employees DOE contractor or subcontractor employees Does NOT include DOE, AWE, and BV workers
Eligible Survivors Surviving Spouse Employees Children, if no surviving spouse, and if at the time of the employees death the child was: Under the age of 18 Under the age of 23 and a full-time student, continuously enrolled in an educational institution
since age 18 Any age if medically incapable of self support Part E: Illness from Toxic Exposure All conditions (not symptoms of conditions) are covered Must show that toxic exposure at a covered DOE facility was a significant factor in: Causing, contributing to, or aggravating the claimed condition
DOL will assist with verifying Part E toxic exposure Claimant bears overall burden of proving his or her claim Part E: Means of Verifying Toxic Exposure DOL Resource Centers Occupational History Questionnaires (OHQ)
Site Exposure Matrices (SEM) Identifies toxic substances related to labor categories, processes, buildings, and major incidents Website available at www.sem.dol.gov DOE Document Acquisition Request (DAR) Claimant Records Part E: Employee Impairment
Determination of % permanent whole person impairment due to covered illness AMAs Guides to the Evaluation of Permanent Impairment, 5th Edition $2,500 awarded for each % of impairment Part E: Employee Wage Loss
Medical evidence must show decreased capacity to work Employee Compensation: Any year <50% of the pre-disability annual wage = $15,000 compensation Any year > 50% but <75% of the predisability annual wage = $10,000 compensation
Benefits Part B Part E $150,000 Employee Impairment $2,500 + Survivor per % (Employee) $50,000 RECA Employee + Survivor Wage Loss $10,000 -$15,000 per year (Employee) $125,000 Survivor (+ lump-sum Wage
Loss if eligible) $400,000 CAP for B+E combined 20 Medical Benefits Broad coverage for medical treatment costs linked to accepted work-related illness(es)
Medical travel expenses Routine medical care - including office visits, diagnostic services (lab and radiology services) Prescription medications Other services including inpatient care, outpatient services (chemotherapy, radiation treatment, etc.) Transportation, lodging, meals, and misc. expenses (tolls, parking, baggage, etc.) Durable Medical Equipment
Wheel chairs, hospital beds, oxygen and supplies Medical Benefits (continued) Extended care facility Residential nursing home, assisted living facility, etc. Hospice
Home Health Care (HHC) Skilled nursing-LPN, RN Personal assistance-HHA, PCA Decision Process Recommended Decision District Office Preliminary determination Cover letter, decision, and rights to object (oral hearing/review of written record)
Final Decision Final Adjudication Branch (FAB) Affirmation of recommend decision or remand based on objection/independent review Claimant Rights Reconsideration & Reopening Claimant Responsibilities
File Claim Collect/Copy/Submit relevant records Respond to information requests Talk to co-workers get affidavits Seek assistance if you need help call Resource Center Review decision and information for appeal EEOICPA Compensation
$10.6 Billion Total Compensation MEDICAL 18% $5.44 Billion Part B PART B 51%
$3.26 Billion Part E $1.98 Billion Medical Data as of August 3, 2014 PART E 31% Washington $873.6 Million Total Compensation
$490.8 Million Part B $279.9 Million Part E $102.9 Million Medical Data as of August 3, 2014 Medical
12% Part E 32% PART B 56% Claimant Resources Resource Centers 11 locations District Offices 4 locations
Hanford Resource Center toll free number: (888) 654-0014 Seattle District Office toll free number: (888) 8053401 DEEOIC web site http://www.dol.gov/owcp/energy/ General program information
SEM website Forms Sample decisions District Office Jurisdictional Map EEOICPA OFFICE OF THE OMBUDSMAN August 27, 2014 Spokane, Washington EEOICPA and THE OFFICE OF THE OMBUDSMAN History:
October 2000 Congress enacted EEOICPA Part B administered by Department of Labor Part D administered by 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
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. 2. 3. Provide information on the benefits available under the EEOICPA. Make recommendations regarding the location of resource centers for the acceptance and development of claims there are currently 11 resource centers.
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. OFFICE OF THE OMBUDSMAN Limitations the Office cannot: 1. 2. 3. 4. 5. 6. Rule or make decisions on claims. Make DEEOIC reverse or change a decision.
Make Congress revise the EEOICPA. Take DEEOIC to court Lobby Congress Act as an advocate OMBUDSMAN ASSISTANCE When the Office receives complaints, grievances, and requests for assistance: 1. 2. 3. 4. 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 other 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 on-on-one with Ombudsman staff. 4. Coordinating efforts with the Joint Outreach Task Group (JOTG). Ombudsman Contact Information Mail: U.S. Department of Labor Office of the Ombudsman 200 Constitution Ave., NW, Room N2454 Washington, D.C. 20210
Toll Free: 1-877-662-8363 Email: [email protected] Website: 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 Environment, Health, Safety and Security August 2014 38 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. 39 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. 40 Former Worker Medical Screening Program 41 FWP Background
Program serves all former Federal, contractor, and subcontractor workers from all DOE sites 42 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. 43 Hanford FWP Contacts Hanford- Production Workers
National Supplemental Screening Program (NSSP) All former Production Workers from Hanford 1-866-812-6703 or http://www.orau.org/nssp Hanford-Construction Workers Building Trades National Medical Screening Program (BTMed) All former Construction Workers from Hanford 1-800-866-9663 or www.btmed.org 44 Idaho National Laboratory FWP Contacts Idaho National Laboratory (INL)- Production Workers
Worker Health Protection Program (WHPP) All former Production Workers from INL 1-888-241-1199 or http://worker-health.org/ Idaho National Laboratory(INL)-Construction Workers Building Trades National Medical Screening Program (BTMed) All former Construction Workers from INL 1-800-866-9663 or www.btmed.org 45 Questions? 46
Building Trades National Medical Screening Program (BTMed) August 2014 BTMed Team DOE: Funding Agency CPWR: Responsible for performance Duke University: Industrial Hygiene, Statistical Q/A and Epidemiology University of Cincinnati: Site History and SEC fact sheets Zenith American Solutions: Operations BTMed Overview Offers free screening services to former DOE construction/trades workers Covers 27 DOE sites
Completed 29,400 screens (21,500 workers) Screen about 45 workers/week Started ELCD program for Hanford workers in 2013 Provide information and assistance about medical follow-up and compensation BTMed Covered Sites Piqua Mound GE Evendale Fernald Brush Luckey Battelle Labs King Ave. & West Jefferson Ashtabula Shippingport Atomic
Power Plant Hanford Argonne National Lab Idaho National Lab Weldon Spring Brookhaven National Energy Technology Lab Mallinckrodt Rocky Flats Yucca Mountain
Portsmouth Kansas City Plant Paducah Waste Isolation Pilot Plant Oak Ridge Savannah River Site Pinellas Amchitka Huntington Pilot Plant
Screening Services Screenings Occupational and medical history Physical exam Chest X-ray Blood test (including GHP, BeLPT) Spirometry Hearing test CT Scans Medical Component More than 200 clinics to choose from Credentialed and malpractice verification Use a national lab for blood testing (Quest) X-ray B-readers University of Washington - David Godwin
National Jewish several readers Michigan State, Ken Rosenman NETWORK PROVIDER LOCATIONS Medical Findings Abnormal chest x-rays in 18%, Abnormal pulmonary function in 40%, and Evidence of hearing loss in 64%. Beryllium sensitization in about 1.5% www.btmed.org Toll-free at 1-800-866-9663 Questions????
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