Energy Employees Occupational Illness Compensation Program Act

About the Energy Employees Occupational Illness Compensation Act

The Energy Employees Occupational Illness Compensation Program Act (EEOICPA) was enacted in October 2000. Part B of the EEOICPA, effective on July 31, 2001, compensates current or former employees (or their survivors) of the Department of Energy (DOE), its predecessor agencies, and certain of its vendors, contractors and subcontractors, who were diagnosed with a radiogenic cancer, chronic beryllium disease, beryllium sensitivity, or chronic silicosis, as a result of exposure to radiation, beryllium, or silica while employed at covered facilities.

Worker Compensation

The EEOICPA also provides compensation to individuals (or their eligible survivors) awarded benefits by the Department of Justice under Section 5 of the Radiation Exposure Compensation Act (RECA). Part E of the EEOICPA (enacted October 28, 2004) compensates DOE contractor and subcontractor employees, eligible survivors of such employees, and uranium miners, millers, and ore transporters as defined by RECA Section 5, for any occupational illnesses that are causally linked to toxic exposures in the DOE or mining work environment.

The 2008 Petition

In 2008 a petition was filed with the U.S. Department of Labor asking to extend the time period for compensation under a Special Exposure Cohort of the Energy Employees Occupational Illness Compensation Program Act. A cohort in this case is a group of people with a common defining characteristic. The current cohort, which provided compensation for 22 cancers related to nuclear work at the labs, ended in 1995. The petition includes Los Alamos support service employees such as security guards, maintenance workers, sheet metal workers, electricians and other trade jobs and would compensate them for working at the lab between 1996 and 2005 if they have become ill with one of the listed cancers.

Q&A

Q: Are there times when radiation exposure is not recorded at the Laboratory, especially for support services personnel, during night or weekend shifts, and during unexpected events like a wildland fire?

A: Radiation exposure has been consistently recorded at the Laboratory over many decades.  All workers, including support services, subcontractors and visitors are required to wear radiation dosimetry measuring devices depending on the area they enter and the work they perform.

Q: What is the procedure for employees or former employees to gain access to their personal radiation exposure records?

A: Radiation exposure records are kept both in hard copy and electronically, and they are readily accessible. Both current and former workers can obtain their records through an established request process by sending an e-mail to dosimetry_records@lanl.gov. In addition, the Department of Energy’s Radiation Exposure Monitoring System (REMS) database contains complete worker dose results for all Department of Energy regulated facilities nationwide.   

Q: Have any radiation exposure records been destroyed, either by accident or on purpose?

A: No exposure records have been destroyed. Our complete exposure history has been provided to the National Institute for Occupational Safety and Health (NIOSH) in support of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). A storage facility received some water damage in the past that might have affected some Occupational Safety and Health records, but not radiation exposure records.

Q: Is there a complete archive of exposure records, especially for the years from 1996 to 2005?  

A: The Laboratory maintains a comprehensive archive of worker radiation dosimetry data from the start of operations in 1943 to present. During that time frame, records related to chemical exposures were maintained by a subcontractor, and are also available.  

Q: Is there consistent oversight and training to show employees how to properly use radiation detection or protective equipment, and what controls are in place to ensure that all employees are in compliance?  

A: The Laboratory has always maintained a compliant Radiation Protection Program which includes requirements for dosimetry, protective equipment, and training based on areas to be entered and work to be performed.

Q: Would any employee ever be told to remove their dosimetry device at the Laboratory to avoid detecting a contamination, particularly during an unusual occurrence, emergency response, or an event like a wildland fire?

A: Nothing is more important than the safety of our employees. The Laboratory’s Radiation Protection Program would never allow, endorse or recommend removing dosimeters to avoid a contamination detection under any circumstances.

Q: What does the lab do to make sure employees have proper training for sites that might include contamination by chemicals, beryllium, or radioactivity?  Would untrained employees ever be allowed access without proper training?

A: The Laboratory has always maintained a compliant Radiation Protection Program and Occupational Safety and Health Program that includes requirements for training and other precautions based on areas to be entered and work to be performed.

Q: During the americium contamination event in 2005, were all affected personnel tested for exposure, or only the security guards working in that particular facility on the day the contamination was discovered? 

A: The Laboratory’s response to the 2005 americium event was comprehensive and deliberate, including tracking the source of contamination, how it was spread, where it was spread, and what individuals were impacted.