Battelle Team Dose Reconstruction Project for NIOSH
Purpose
The National Institute for Occupational Safety and Health (NIOSH) Office of Compensation Analysis and Support (OCAS) is responsible for conducting individual dose reconstructions on employees of the Department of Energy (DOE) and of Atomic Weapons Employers (AWEs) under the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA). To support NIOSH's role under EEOICPA, OCAS requires the services of a contractor to assist in the development of site survey and dose reconstructions as outlined in EEOICPA for all sites identified for this task.
Background
In October 2000, Congress and President Clinton enacted EEOICPA, establishing a federal compensation program for employees of the DOE, its contractors and subcontractors, and Atomic Weapons Employers (AWEs). On July 31, 2001, covered employees with cancer, beryllium disease, or silicosis that may be related to work at nuclear weapons production programs of DOE and its predecessor agencies began applying to the Department of Labor (DOL) under the procedures and requirements of 20 CFR Part 30 for lump sum cash benefits of $150,000 and medical benefits. For most employees with cancer, EEOICPA and the DOL regulation require a determination by DOL that the cancer was at least as likely as not caused by the occupational radiation dose incurred by the employee. Criteria and guidelines for making this determination are established by EEOICPA. In May 2002, The Department of Health and Human Services (HHS) published 42 CFR 81 as a final rule in the Federal Register (Vol. 67, No. 85). This rule will be used to determine the probability of causation for a claimant's cancer. To make this determination, DOL will request NIOSH to provide an estimate of the radiation dose received by the employee. Absent personal monitoring records, co-worker data, area monitoring data, or source term data will be used.
NIOSH's dose estimates will be used by DOL to determine the probability that a particular cancer was the result of the claimant's occupational radiation exposure while employed at a covered facility. The NIOSH Interactive Radioepidemiological Program (IREP) will be used by DOL to calculate this probability. Since the IREP program allows for the input of dose distributions, the uncertainty associated with the claimant's estimated dose will be used to establish the probability of causation as appropriate.
In May 2002, HHS issued 42 CFR Part 82 as a final rule that describes the general methods which NIOSH will be required to use in estimating occupational radiation doses under EEOICPA (Federal Register Vol. 67 No. 85). These methods are designed to provide fair and efficient processing of a high volume of dose reconstructions. For the purposes of this task order, only work done at sites specified by NIOSH is included.
Specific sites that are included in this task are identified in the table below. The excluded sites represent the majority of claims while this task represents the majority of sites. There are approximately 1447 dose reconstructions (as of May 2005) to be performed from approximately 143 sites. Since no personal monitoring information exists for employees at many of these sites, dose reconstruction methods are expected to be developed in Technical Basis Documents associated with these sites. Copies of 42 CFR Parts 81 and 82 are available at the OCAS website and are included as an electronic attachment to this TORP.
Scope of Work
As directed under 42 CFR Part 82 and consistent with NIOSH technical guides, Battelle shall produce and report timely dose estimates, supporting methodology, and factual basis for each case that the contractor is assigned. The task will include collecting and assessing current and historical records and information on radioactive materials used, work process changes, personnel records, and other pertinent data for the purposes of conducting dose reconstructions.
Dose Reconstruction Research (Site Survey Report)
Battelle will research the conditions, processes, practices, and incidents for each facility relevant to conducting dose reconstructions.
Battelle will review and analyze records from applicable sites useful to interpret recorded dosimetry information, to evaluate the adequacy and completeness of dosimetry information, and to substitute for unavailable or incomplete dosimetry information. NIOSH does not expect that the contractor will be responsible for the physical collection and retrieval of records at DOE and DOE contractor facilities. Plans for site visits and the research to be performed there must be approved by NIOSH. NIOSH will provide access to all records in its possession that relate to the sites and cases that the contractor is responsible for. These would include relevant products of the research done to date (e.g., Site Profiles and Technical Basis Documents (TBDs) and Technical Information Bulletins (TIBs).
As agreed upon between NIOSH and Battelle, Battelle will develop statistical procedures and assumptions based on dose reconstruction research that can be applied in multiple dose reconstructions, including but not limited to dose reconstructions for employees in specific jobs, performing specific tasks, employed in specific facilities or sites, and related to specific time periods of employment. These statistical procedures will include methods to estimate the uncertainty distributions surrounding internal and external dose reconstructions on a facility specific and time-dependent basis. NIOSH will make final determinations concerning such procedures and assumptions, which will be consistent with requirements under 42 CFR Part 82 and NIOSH technical guides.
Two examples of site survey reports were attached to TORP 29. Additional examples are available at the OCAS website.
Production of Dose Reconstruction Estimates
Battelle shall analyze all available information relevant to dose estimation/reconstruction for each individual claim and produce and transmit to NIOSH a draft report providing dose estimates, methods, and the factual basis upon which the doses were estimated, including a narrative explanation of this information understandable by claimants with a high school education.
Using collected historical records, and individual work histories, internal and external radiation dose estimates will be calculated for each organ that the claimant presents with a primary cancer. The annual dose to each organ will be calculated from the time of first exposure at a covered facility to the date of cancer diagnosis. As appropriate, a separate dose shall be computed for each type of radiation exposure received by the individual, using the exposure types provide for in the NIOSH-IREP program. These doses will be reported as equivalent dose using the weighting factors provided in the NIOSH technical guides.
Internal dose calculations shall be performed using standard metabolic models published by the International Commission on Radiological Protection (ICRP). These calculations will be performed using a NIOSH supplied computer program entitled Integrated Module for Bioassay Analysis (IMBA). This program was specially created for NIOSH to perform internal dose calculations using the most recent physiologically based biokinetic models such as those contained in ICRP publications 56, 67 and 69. Inhalation intakes will be evaluated using the respiratory tract model contained in ICRP publication 66*.
Estimates of missed dose, due to technical limitations in monitoring technology, will be evaluated and included in the claimant's dose reconstruction for both internal and external sources of exposure. In addition, any exposure to diagnostic x rays that were required as a condition of employment will be estimated and included in the claimant's total organ dose.
Battelle shall review with NIOSH and revise dose reconstructions, as necessary, subject to NIOSH oversight of the dose reconstruction program.
NIOSH will provide Battelle with the necessary training on all applicable software and procedures required to complete dose reconstructions.
Personnel Requirements
Each dose reconstruction will be overseen and reviewed, or conducted by a Health Physicist who will be identified in the transmittal cover of each dose reconstruction report. All health physicists who review dose reconstructions will have, at a minimum, five years of relevant professional experience. An advanced degree in health physics or a related field may be substituted for two years experience. Individuals who conduct dose reconstructions will have a minimum of a Bachelor's degree in a relevant field or two years of professional experience provided that their work is reviewed by a Health Physicist with the qualifications specified above.
Conflict of Interest- any site included in task
During the performance of this task, the contractor must identify any past or present involvement of personnel in occupational radiation dosimetry program policies, practices and/or procedures at the DOE facilities covered under EEOICPA. Any involvement in these program policies, practices and/or procedures at covered facilities would be considered to constitute a conflict of interest and those personnel would be prohibited from conducting dose reconstructions for employees who worked at these facilities or authoring site survey reports. View Facilities Included in this Task.
* International Commission on Radiological Protection (ICRP). 1994. Human Respiratory Model for Radiological Protection. ICRP Publication 66, Annals of the ICRP 24(1-4). Elsevier Scientific Ltd., Oxford.