DOE Worker's being killed by Bureaucrats

Author Information

The following accountability is evidence that is meant to disclose the truth regarding the unethical and morally irresponsible activity that is sponsored and currently funded by our elected Officials. The US Department of Health and Human Services (USHHS) – Agency for Toxic Substance and Disease Registry (ATSDR) has/is preparing a series of issue-specific public health assessments since the 1980s. For decades, the Officials have permitted their nuclear facility “caretakers” to claim “no harm was done to the environment or humans” by the exposure to acute, chronic and potential doses of radiation and components. Low dose thresholds of radiation exposure are harmful according to the National Academy of Science (NAS).

For a very long time, agents of the government have been formulating their elaborate schemes that they believe would enable them to establish their lucrative government business ventures for profits and political gains. But, first the profiteers knew they had to establish credibility. So, they set-out to compensate as few “Energy Employees Occupational Illness Program” (EEOICP) claimants as possible until cost was declared a validation obstacle of concern.

About the Press Release coordinators’ Gai Oglesbee and Vina Colley. . . Our expert witness and risk analysis papers explain and affirm why we are irreparably damaged by ionizing radiation and components. After unsuccessfully processing through the EEOICP for nearly seven years, the truth about the ill-fated process has finally been discovered. The reviewers of this Press Release will begin to understand the truly incredible findings of fact and/or the truth. Our communities; our sick nuclear worker cohorts; our families; our co-workers; our friends; our neighbors; our dowwnwinder cohorts; are viewed as “guinea pigs” who shall be labeled “study groups.” The agents of the government mean to exploit us for profit, political gains, power and control. Most of us would understand the phrase “guinea pigs” after years of exploitation and surveillance. The Officials label us “damaged collateral.” The USHHS “caretakers” refer to us as “pigs who move through the python”—a slow and painful death. The agents of the government label us “troubled employees with many axes to grind”; “nut-cases;” “poor performers;” “trouble makers;” “psychologically unfit for work duty;” etc. etc. The EEOICP was never intended to be worthy of distinction. The URL internet locations are provided and reveal that the agents of the government used the circumstance to confiscate our privacy act protected and/or classified records. The agents lacked proof of the harm done by ionizing radiation and components. The reviewer of this Press Release may not fully understand the impact unless they carefully review the transparent evidence of wrongdoing that is provided by the Officials and their agency “caretakers.” Use the agents’ URL location to review each ATSDR’s nuclear site Agenda and discover the truth. For a very long time, the government agents have the intent to establish their lucrative business ventures for profits and political gains that would include interested international parties. The schemes and consequences are a painful discovery.

The coordinators of this Press Release—Vina Colley and Gai Oglesbee—mean to orient as many interested parties as possible regarding the horrifying details which shall include media contacts.

The delegated agents list 21 nuclear facility sites that the US Health and Human Services (USHHS) and its subsidiaries designate are the targets for surveillance and control. Fortunately, the schemes appear to be failing with the exception that all claimants have already released their privacy act protected records to the agents who now claim ownership. The agents knew well in advance of the passage of the EEOICPA of 2000, that the US Department of Energy (USDOE) and its contractors had destroyed, lost or rendered inaccessible historical personnel records such as medical records; exposure records; employment history records; nuclear incident records; occurrence / survey reports; violations of the law; nuclear incident investigative reports (such as Radiation Problem Reports);

For decades, many of the victims’ probing questions remain unanswered after the agents of the government refused to respond in an intelligible manner. Finally, certain answers are clearly provided within the agents’ Agenda Exhibits that lists 21 nuclear sites where the populous have been or will be exploited. The Exhibits’ content presents harrowing reminders of the true “nature of the beast” that was/will be forced on the “damaged collateral” victims. The schemes are finally revealed that are definitely designed to provide jobs and security for thousands of “federal employees.” The agents at least admit that the successful implementation of their schemes for profit and political gains are, of course, contingent upon whether Congress agrees to fund the schemes. We know that huge amounts of Congress allotted compensation funding is being squandered on program administration costs.

The Portsmouth Agenda is included in this Press Release because the nuclear facility site is designated as the site the USHHS “caretakers” have vowed to exclude for their various reasons. As you may know, Portsmouth was declared a “Special Exposure Cohort” site for the EEOICP purpose. Advocate/EEOICP claimant Vina Colley provides certain rebuttal data on behalf of her Portsmouth community, the sick workers, our children, other critically exposed groups (such as the downwinders), and other survivors.

The following excerpts are contributed by the USHHS-ATSDR “caretakers”—a topic for investigation that stands out among the rest of the very important issues. The data was reflected in most of the ATSDR’s nuclear site Agenda items.

• Mortality among female nuclear workers (MAFN). A study of female workers from 12 DOE plants, including Hanford, was combined in a cohort mortality study, and risk estimates were developed for exposure to ionizing radiation or to chemical hazards. For the entire pooled cohort, mortality from mental disorders, diseases of the genitourinary system, and from ill-defined conditions was higher than expected. External ionizing radiation exposure in these workers appeared to be associated with increased relative risk for leukemia and, to a lesser degree, associated with increased relative risks for all cancers combined and for breast cancer. It is probable that the USHHS “caretakers” didn’t include revelations such as this when they were reconstructing the dose of female victims. Also see the Beir VII report.

SUBJECT: An incriminating and transparent EXHIBIT.

In regard to the government agents’ plots that are already in-place for the purpose of exploiting the maimed, sick, dying and deceased so-deemed “study groups.” This accountability regards the discovery / disclosure of the Agendas for US Health and Human Services (USHHS) Public Health Activities (for fiscal years 2003–2010) at U.S. Department of Energy Sites—why the EEOICP is failed and is abusive and discriminatory. The agents of the government never meant for the EEOICP to succeed after the nuclear facility “caretakers” were deemed liable for their negligent and abusive acts. Recovery is the objective. Thus, the agents’ intent was/is to confiscate as many of the “damaged collateral” warriors’ historical privacy act protected personal records, as-well-as their families’, friends’, peers’, and neighbors’ historical privacy act protected records. Thereafter, the unauthorized use of the American citizens’ privacy act protected records is illegal for the purpose that the agents have designated. It is transparent that the government agents plotted/plot to create new business ventures for profit and political gains. For decades the agents have demonstrated an immoral need for power and control over vulnerable 1st, 2nd, and 3rd generations of nuclear industry “veterans.”

The Executive Branch impedes on the Legislative Branch’s fiduciary duties; and the Executive and Legislative Branch impedes on the Judicial Branch’s obligations and fiduciary duties for this EEOICP purpose. The current US President and Vice President seem to dispute the fact that they are the Executive Branch Officials who are sworn to protect and defend the Constitution and to uphold the laws of the land. Current President Bush is authorized by the members of Congress to administer the EEOICP provisions as he sees fit.

NOTE: The reviewer of this Press Release must download the URL internet locations provided to enable you to access the EXHIBITS—the US Health and Human Services AGENDA items. The verbiage used by the agents to define their long-standing intent is user-friendly and definitely self-explanatory. As an example of the transparency all reviewers will likely understand, is the Portsmouth Agenda item and certain rebuttal evidence that is reflected in this Press Release. This Press Release is an effort to disclose the horrifying truth because all victims and interested parties have the right and the need to know.


Agenda for HHS Public Health Activities (For Fiscal Years 2003–2008) at U.S. Department of Energy Sites; March 2003; U.S. Department of Energy Office of Health Studies and U.S. Department of Health and Human Services Agency for Toxic Substances and Disease Registry Centers for Disease Control and Prevention National Center for Environmental Health National Institute for Occupational Safety and Health

Agenda for HHS Public Health Activities (For Fiscal Years 2003–2010) at U.S. Department of Energy Sites; January 2005; U.S. Department of Energy Office of Health Studies and U.S. Department of Health and Human Services Agency for Toxic Substances and Disease Registry Centers for Disease Control and Prevention
National Center for Environmental Health National Institute for Occupational Safety and Health

COMMENTARY: For a very long time, the agents of the government meant to make it appear that their transparent schemes were/are justified. For instance, the Congress mandated the formulation of the Health Information Subcommittees. Certain of the Subcommittees were/are continuously funded and are depicted as vehicles for community members, local interest groups, and State and Federal Agencies who work collectively to make informed recommendations regarding the public health agenda. The subcommittees were/are funded by the US Department of Energy. For various reasons, certain mandated subcommittees were condemned and disbanded by the USHHS-Center for Disease Control and Prevention (CDC)-National Institute of Occupational Safety and Health (NIOSH)–Agency for Toxic Substance Registry (ASTDR). The USDOE funding was withdrawn. Too many disbanded subcommittee members were victims—including the Tribe members—who frequently objected to the bogus proceedings and transgressions. Such as the Hanford Health Effects Subcommittee which was disbanded because the Nationally ranked auditors gave the USHHS agents a poor performance rating based on the testimony of certain subcommittee members and the public.

So, the greater majority of the agents of the government social engineered a plot. That plot caused countless numbers of “Energy Employees Occupational Illness Program” (EEOICP) claimants; downwinders; the exposed community populous; the Radiation Exposure Compensation Act (RECA) claimants; the Black Lung Act claimants: and the Vaccine Compensation Act claimants, to relinquish their privacy act protected records to agents of the government. The enticements were introduced which included the promise of the monetary entitlement award and medical benefit award. But, the qualifying requirements were established by the agents of the government who had no intention of conforming with the Rule of Law that are in-place to enforce the claimants’ civil/due process rights.

It seems that the agents’ only intent is to replace the dwindling Manhattan Project’s money-making resources with what appears to be other, more lucrative business ventures. Such as the current US President’s proposed Global Nuclear Energy Partnership (GNEP) business venture (ref. and the so-called universal health care providers that are solicited by the agents. However, before vested and interested parties agree to be involved as profiteers, the agents of the government were/are tasked to demonstrate that they are capable contributors and not just liars and thiefs. The proposed and already functioning government business ventures are built on the agents’ hypothetical science methods and their bogus surveys. The agents attempt to prove their worth and/or value by citing findings of fact that are contained in the damaged nuclear industry warriors’ and other damaged community warriors’ privacy act protected records.

Did you ever wonder why the Officials and their “caretakers” admit that they only meant to compensate about 3,000 of their so-deemed “easiest” and “most compensable” EEOICP applicants? When, in fact, the US Department of Energy estimated that over 600,000 nuclear workers would be eligible to apply; and the USHHS estimated that 650,000 nuclear workers are eligible to apply. Reasonable man would likely conclude that the agents of the government have no scientific ways and means to segregate the easiest and most compensable claims. For instance, in order for the agents to meet their early-on obligations, even heavy smokers were selected to compensate and defined as the “easiest” and “most compensable” claims. And, there is no such thing as authoritative agency records.

A talking-point. On June 19, 2007, the USHHS administrators and their NIOSH spokespersons indicated that the heavy smoker claims are definitely compensable. The USHHS spokespersons claimed that the agencies’ applied science is verifiable. The USHHS-NIOSH designee remarked that their applied science methods proved a heavy smoker’s 83.73 percent probability of causation. Note: “They” are defined as health physicists. The designees also remarked that one of their health physicist representatives is a Ph.D for whatever intent or purpose. The designees advertised their belief that they are permitted to claim that they are experts and legal / medical professionals who have superior experience and knowledge.

To date, the agents of the government affirm their intent was to compensate as few meritorious claimants as possible. The agents claim this is a cost-effective measure that is ordered by current US President George Bush. The investigative arm of Congress—the Government Accountability Office (GAO)—concurred with this intent and recommended to Congress that no more compensation programs should be implemented. The EEOICP’s inflated cost is of concern to the Officials and their delegated “federal caretakers.”

EXCERPT: The GAO report warned that, "Policymakers must carefully consider the cost and precedent-setting implications of establishing any new federal compensation programs, particularly in light of the current federal deficit." The GAO surveyed the claims and financial history of four compensation programs through the end of fiscal year 2004. The programs reviewed were the Black Lung Program, the Vaccine Injury Compensation Program (VICP), the Radiation Exposure Compensation Program (RECP), and the Energy Employees Occupational Illness Compensation Program (EEOICP). The GAO concluded that in all four programs, there have been far more claims than originally estimated for each program. In fact the Black Lung program has cost U.S. taxpayers at least $38 billion more than expected. Significant delays in completing claims for victims occurred in all four programs. It took at least two years for all four programs to become fully operational once enabling legislation was enacted. Programs have been expanded "to provide eligibility to additional categories of claimants, cover more medical conditions, or provide additional benefits." See "Federal Compensation Programs; Perspectives on Four Programs;" the Government Accountability Office

“Congress cannot be understood to expect DOL delays that chill workers and kill people.”

“This problem has been exacerbated by the past policy of the Department of Energy (DOE) and its predecessors of encouraging and assisting USDOE contractors in opposing the claims of workers who sought those benefits. This policy has recently been reversed. . .” —President William J. Clinton’s “EXECUTIVE ORDER” No. 13179, dated December 7, 2000

USDOL Program Statistics to June 24, 2007: 41,879 Subtitle B paid claims (25,052) / cases (16,827) of 141,140 claims (83,368) / cases (57,772) filed; 64,695 claims (36,366) / cases (28,329) denied.

By year 2007, current US President George Bush irrationally proposes to use the Price Anderson Industrial Indemnity Act to force the self-insured USDOE contractors to compensate the EEOICP claimants (ref. October 28, 2004, signing statement). The EEOICP claimants are not required to challenge the Price Anderson Act stipulations.

Obviously, for zion years, the greater majority of the Officials and their delegated nuclear facility “caretakers” have plotted ways and means to establish even more lucrative business ventures to replace the once profitable Manhattan Project. GNEP is one of those proposed profits and political gains projects (

Many EEOICP claimants were coerced into believing if they agreed to sign the “closure waivers” (illegal gag orders) the agents of the government would be more likely to approve their meager compensation benefits. In essence, the USDOL and USHHS “federal caretakers” threaten repercussions: “If you don’t sign the closure waivers that affirm you have relinquished all relevant records, we will recommend denial of your claim.” The coercion and manipulation aspects are appalling. First, the agents of the government don’t want to be sued; and second the agents of the government want to confiscate all the privacy act protected records the claimants can discover and relinquish to them.

After decades of forced participation in the Officials COLD WAR battles, the “federal caretakers” meant to censor the damaged nuclear industry warriors. Hereinafter by 1997, the Officials were forced to admit liability for their nuclear facility “caretakers” negligence and abuse that caused death, disease and suffering of untold numbers of victims. As a result, the EEOICPA of 2000 was created to make it appear that the agents of the government have legitimized and justified their intent. The media was relentless in reporting the harm done to thousands of damaged nuclear industry warriors and their families / neighbors. Also, the asbestos scandal had erupted into a massive lawsuit era since the 1970s. The cost of litigation was an astronomical burden according to agents of the government who failed to approve their corrective action S.852 legislation after over 80 attempts.

Congress and their nuclear facility “caretakers” have admitted and concluded that inadequate recordkeeping of workers on the site at any given time had/has impacted future exposure assessments). So, the Officials and their libelous agency “caretakers” developed a scheme to confiscate the EEOICP claimants’ classified and historical privacy act protected records. Obviously, the agents intend to use billions perhaps trillions of these classified records for profit and political gains.

Today, the “caretakers” advertise their so-called successes by constantly boasting that they have spent over $2 ½ billion dollars to compensate a few of the so-called “easiest” and “most compensable” claims. The Officials and their “caretakers” seem confident that this price tag will reap the benefits they desire. By comparison, the cost to fund current US President George Bush’s foreign wars and the cost to fund his other personal projects, $2 ½ billion dollars paid-out to compensate the “damaged collateral” victims seems obscure by comparison. The GAO indicates that the four compensation programs will cause more deficit spending—an absurd assumption.

NOTE: By November 2002, current US President Bush recommended the termination of certain well established USHHS-Center for Disease Control and Prevention scientists and scientific groups who did not meet with his expectations.

For decades, the Congress has sponsored and funded their libelous agency “caretakers” so-called public health assessments under the guise that the health and safety surveys shall determine if people are being exposed to hazardous substances and, if so, whether that exposure is harmful and should be stopped or reduced. The “caretakers” got caught in the scandalous position of being deemed libelous, negligent and abusive that harmed the environment and humans.

The findings of fact designate that the “federal caretakers” claim their science, methods and conclusions shall be the only authoritative focus to year 2010 and beyond. The “caretakers” have resorted to chastising the members of Congress. The “caretakers” have already claimed excellence and the ability to produce valuable and conclusive resources for profit and political gains. Obviously, the plot is also designed to entice international interests.

In conclusion, the EEOICP challenge has definitely interfered with the agents of the government’s plot. The conflicting, libelous, negligent and abusive “federal caretakers” redundantly admit that site personnel records are lost, destroyed, inaccessible, and in some instances, buried as radioactive material in a radioactive landfill out-of-sight and –mind.

Thousands of victims have come forward to testify about the horrors they have encountered when they are forced to deal with the “caretakers” who mean to oppress them.

However, the agents of the government know that there are still huge gaps in the claimant’s historical exposure / personnel records after the claimants’ privacy act protected personnel records were confiscated and reviewed for seven more years.

EXCERPT: “Feasibility studies at seven DOE sites determined that the availability of records to identify workers and their primary activities, exposures, work histories, and medical information varied significantly
from site to site. The necessary information to conduct exposure
assessment, hazard surveillance, or epidemiology studies of remediation workers is currently not readily available. Within sites, data systems are fragmented and data management is inconsistent in the current
environment of decentralized management and increased subcontracting.”

NOTE: See URL internet locations to review both ATSDR AGENDA EXHIBITS which are user-friendly and self-explanatory.




Portsmouth USHHS-ATSDR Agenda

The following accountability presents certain rebuttal findings of fact that are meant to dispute the ATSDR’s Agenda statements. The ATSDR Agenda is posted after the rebuttal items.

Attorney Letter

February 2, 1996Waite, Schneider, Bayles & Chesley at Law
Agency for Toxic Substance & Disease Registry
DIV: of Health Assessment & Consultation
Att: Chief, Program Evaluation
Records & Information Evaluation, e-56
1600 Clifton Road, N.E.
Atlanta, George 30333

In re: U.S. DOE Portsmouth Gaseous Diffusion Plant Piketon, Piketon County, Ohio
CERCEIS NO OH 789000898December 19, 1995Dear Sir:We are court appointed class counsel for all of the residents who live within six miles of the Portsmouth Gaseous Diffusion Plant in the Teresa Boggs et al v. Divested Atomic Corporation et al., Case no. c2-9-840 in the United State District Court for the Southern District of Ohio Eastern Division. On behalf of the class we are submitting the following comments to your draft report.

Preliminarily, we would explain that we have been investigating the plant release (both historic and current) for more than five years in conjunction with currently pending litigation in the United States District Court. We have experience in reviewing documents from the Department of Energy Nuclear weapons facilities not only at this plant, but also Fernald, Mound, Hanford and Rocky Flats.

We have found an opportunity to review your report CERCLIS NO. H7890008983 and found your conclusions not only erroneous but based upon an incomplete review of relevant and available data. The report is highly superficial and as a result, grossly misleading. Major problems in the inaccuracy of your report stems from the following:

Page 2 has 6 improper assumptions for the attorneys6. Failure to review and analyze available date resulting in misleading and inaccurate statements that infer that the operations, exposure, monitor and release remained constant over the past 14 years.

Further your record contains many ambiguous statements concerning time.
While we assume that your mission is to address only current exposure from
the plant and not historic exposure, your report never clearly delineates
the time period analyzed.

It is extraordinarily misleading to give the impression that the monitoring, exposure operations and release have remained constant overtime for example you state on page 25 that the plant (Since 1964) PORTS has maintained a network of permanent on-site and off-site stations to collect ambient air samples continuously.' That statement is wrong. Continuous off site air monitoring was not begun for several more years. Page 4

Reference is made on page 78 to what appears to be our law firm. Your statement that we were contacted and report no additional information is at best misleading. We have no input in this process even though we have thousands of documents relating to this plant. At no time did anyone involved with this report ask to meet with us or review our documents. At no time were we asked to give input on what our data shows about the historic release or illness in this community.


Waite Scnieder,Bayles & Chesley CO
Louise M. Roselle

Fluorinated chemicals, including fluorine gas (F2)

EXCERPTS: “Fluorinated chemicals, including fluorine gas (F2), was emitted from Portsmouth in several ways. Emissions of uranium hexafluoride to the air are accompanied by conversion to uranyl fluoride (UO2F2) and hydrofluoric acid (HF) in the presence of water vapor. The other two fluorides found within the diffusion cascade are elemental fluorine gas and chlorine trifluoride (ClF3). These fluorinating agents are used to remove uranium compounds which are deposited within the gaseous diffusion equipment. . .

After the plant began operations in 1954, it was recognized that the capacity to dispose of used fluorine was limited and that some fluorine would be vented to the atmosphere during the first six to twelve months of operation. . . The plant document discussing this problem states, "Fluorine is an extremely toxic and hazardous chemical. There are three potential liabilities associated with its release to the atmosphere. The first and most significant is the potential effect on agricultural crops and livestock in the surrounding areas . . . The second significant liability is a hazard to personnel in the immediate area, both employees and the general public. . .
A 1955 plant document states that, "the quantity of fluorine to be released was steadily increasing, and that this fluorine could not be contained in any holding drum, but must be vented to keep the cascade in proper operation." According to a 1957 plant document, special filters were present at that time to remove HF from process gas emission streams. However, there were still no methods for elimination of fluorine (F2) from those emission streams. Therefore, according to the document, they had, "a potential fluorine air pollution problem." The document went on to state that a system was being planned to recover fluorides by returning vent gases to a feed manufacturing facility through a return line. However, we do not know if this was actually done.” — Institute for Energy and Environmental Research (IEER); “Preliminary Estimates of Emissions of Radioactive Materials and Fluorides to the Air from the Portsmouth Gaseous Diffusion Plant,” 1954-1984; Arjun Makhijani, Ph.D., Bernd Franke, Milton Hoenig, Ph.D; October 14, 1992

December 6, 2005

Norm Buske, Ph.D—Director, The RadioActivist Campaign (TRAC)

"Radium-226 in Creek Foam / Water from the Portsmouth Gaseous Diffusion Plant," a new report by The RadioActivist Campaign (TRAC), is now available at
Citizen activists collected foam and water flowing from the Portsmouth, Ohio Gaseous Diffusion Plant in November 2003. They identified radioactivity in the sample at 100 times the normal background level, using simple Geiger counter methods.  That elevated radioactivity was confirmed by the Department of Energy's site operator, the United States Enrichment Corporation.”

January 15, 2007— Groundwater Movement at the Portsmouth Gaseous Diffusion Plant (02/2002).

Norm Buske, Ph.D: “Ohio EPA Data confirms Ra-226 leaking from the Plant (45.2 KB) The new Ohio EPA report, "Biological and Water Quality Study of the Portsmouth Gaseous Diffusion Plant Streams," dated November 17, 2006, provides an answer to a long-standing question of public concern: Is Radium-226 (Ra-226) leaking out of the Plant? The answer is yes: Ohio EPA data confirms Ra-226 leaking from the Plant. That confirmation is 5.93 pCi/L of gross alpha radioactivity in creek water in West Ditch at RM 1.2. . . Based on the citizens' and USEC results, I identified the source of the measured radioactivity in the foam as an alpha-emitting radionuclide, Ra-226. When Ohio EPA was preparing to collect follow-up samples in 2005, we discussed and concurred that gross alpha measurements above background at the two sampling sites would confirm Ra-226. I published an estimate of gross alpha activity of Ra-226 in the two creek waters before Ohio EPA's samples had been analyzed.”

Marvin Resnikoff, Ph.D: Mr. Resnikoff is often called on to testify as an expert witness especially regarding risk analysis. “Marvin Resnikoff, nuclear physicist at Radioactive Waste Management Associates, indicates that his group's study of federal Energy Department documents supports local residents' belief that radioactive compounds have escaped from the Pike County plant for decades. . . Since at least 1975, radiation has been leaking from the Portsmouth Gaseous Diffusion Plant, where workers once processed nuclear-power-plant fuel.” The study was released February 26, 2002.

“The study also indicates that trace amounts of mercury and radioactive compounds are in the soil in a 340-acre area in the plant's buffer zone. There are plans to turn the area over to local officials for use as an industrial park. Piketon plant has leaked radiation for decades, study says.”

(1)The Ohio Department of Health and the National Cancer Institute (NCI) announced that Portsmouth has the highest rate of cancer in the State of Ohio. (2) Scioto county has the highest cancer rates in the United States according to the NCI. Contact Karen Silver <>, MPH. Reference: Cancer Control PLANET website ( for more information.  This site provides links to comprehensive cancer control resources including state cancer profiles ( using data from the NCI and the Centers for Disease Control and Prevention.

ATSDR’s Portsmouth public health assessment concluded that site-related contamination and hydrogen fluoride releases pose no apparent public health hazard. When in fact, the Portsmouth-Piketon plant workers were declared Special Exposure Cohorts.

U.S. Department of Labor
Employment Standards Administration

Office of Workers' Compensation Programs

June 23, 2007    DOL Home > ESA > OWCP > EEOICP

June 23, 2007

Special Exposure Cohort Employees (SEC)

The Energy Employees Occupational Illness Program Act established a Special Exposure Cohort of employees at the Department of Energy and its contractors and subcontractors who:

Worked at gaseous diffusion plants at Paducah, Kentucky, Portsmouth, Ohio, or Oak Ridge, Tennessee for a total of at least 250 days before February 1, 1992, and were monitored for radiation exposure with dosimetry badges or had jobs with similar exposures to those monitored.

At Portsmouth, ATSDR found that the age-adjusted rate for childhood cancer mortality in Pike County was roughly twice the national and state rates, but the number was too small to give a statistically reliable result. This rate was based on only five cancer deaths for the 13-year period from 1979 to 1991. None of the childhood cancers were of the same type and therefore could not be related to a common cause.

NIOSH conducted a cohort study of the Portsmouth workforce to determine whether mortality was associated with occupational exposures at the Portsmouth Gaseous Diffusion Plant (PORTS). The study report issued in 1987 revealed statistically nonsignificant elevated standardized mortality ratios (SMRs) for stomach cancer and for
cancers of the lymphatic and hematopoietic system. Deaths from all cancers in this study population were below what was expected based on the U.S. population.

• Mortality patterns among uranium enrichment workers at the Portsmouth gaseous
diffusion plant (PK1P). NIOSH investigators conducted a follow-up mortality study and
a nested case-control study of Portsmouth workers. The study examined the causes of
death among all site workers employed by the facility between September 1, 1954, and
December 31, 1991. Possible relationships were evaluated for deaths from several types
of cancers and exposures to ionizing radiation and certain chemicals (fluoride, uranium
metal, and nickel). Because of undocumented neutron exposure and many confounders
present at the facility, NIOSH performed case-control analyses for hematopoietic, lung,
and stomach cancers to investigate possible dose-response relationships.

• Overall cohort mortality was significantly less than expected (88% alive as of December
31, 1991) when compared to the U.S. population, as was mortality from all cancers. No
statistically significant excesses in mortality from any specific cause were identified.
Analyses of possible relationships between causes of death and the identified exposures
failed to reveal any clear dose-response trends.

NOTE: The following demonstrates the inaccurate accountability that the ATSDR has documented. Portsmouth, Ohio is not the location of the Naval Shipyard that is referenced by the ATSDR.

Mortality update study of Portsmouth Naval Shipyard workers (PNSP). The NIOSH cohort mortality study of civilian workers at the Portsmouth Naval Shipyard (PNS) was updated through 1996. Through an agreement with the Naval Sea Systems Command, the cohort was expanded to include all individuals employed (n=37,853) through 1992. In comparison with the U.S. population, overall mortality was lower than expected (SMR: 0.95, 95% confidence interval 0.93, 0.96) based on 12,393 deaths. Cancer deaths were slightly elevated (SMR: 1.06, 95% confidence interval 1.02-1.10) as were lung cancer (SMR:1.11, 95% confidence interval 1.05, 1.18) and esophageal cancer (SMR: 1.36, 95% confidence interval 1.11, 1.76). Although leukemia mortality was as expected (SMR: 1.01, 95% confidence interval 0.84, 1.22), a statistically significant positive linear trend with increasing radiation exposures was observed. In a statistical analysis restricted to radiation monitored workers, a borderline statistically significant dose-response for leukemia and external radiation exposures was observed with an excess relative risk of 0.109 per 10 mSv (95% confidence interval -0.009, 0388). Asbestosis was also elevated among radiation monitored workers. The Shipyards in the Naval Nuclear Propulsion Program study will require substantial resources and will not be initiated unless significant additional resources, including personnel, are allocated for this research effort. Access to the study shipyards and data resources will also need to be established. Proposed Activities at Shipyards in the Naval Nuclear Propulsion Program; Ongoing Activities -- The agencies propose to continue the previously listed projects already underway.


Current Activities at Portsmouth

Community Involvement
No current HHS community involvement activities at Portsmouth exist.

Off-Site Contamination
No current studies of off-site contamination at Portsmouth exist.

Community Health Studies and Activities
No community health activities or studies are currently being conducted at Portsmouth.

NIOSH Occupational Health Studies
No current NIOSH occupational health studies are occurring at Portsmouth.

Issues Needing Attention at Portsmouth

Gaps in knowledge of the morbidity patterns of Portsmouth workers need to be addressed.

ATSDR Interaction Profiles

ATSDR is building upon its applied research program to address mixtures of potentially hazardous substances by developing interaction profiles. The main purpose of the interaction profiles is to evaluate mixtures that are of special interest to environmental public health, building on results reported in the scientific literature, on assessments based on the weight-of-evidence methodology, and on other health assessment tools. The interaction profiles undergo scientific review for accuracy of presented data and validity of conclusions.

They represent up-to-date views of the U.S. Public Health Service on health assessment issues for mixtures. The mixtures selected for interaction profiles are relevant to the DOE complex, and initial selections are identified in Table 3. Additional profiles can be based on this information in the future.

Available and Planned Toxicological Profiles

Toxicological profiles for substances that have radioactive isotopes are available for radium, radon, thorium, plutonium, and uranium. The first four of these contain outdated information and are limited in scope. The user will benefit when these profiles are updated with current science and enhanced to include sections now contained in current profiles (e.g., child health). As funding is provided, ATSDR plans to prepare toxicological profiles for the substances and their radioactive isotopes listed in the following table (in order of priority).

NOTE: Proposed profile development is contingent on the Agency receiving funding from the Department of Energy

ATSDR Interaction Profiles

ATSDR is building upon its applied research program to address mixtures of potentially hazardous substances by developing interaction profiles. The main purpose of the interaction profiles is to evaluate mixtures that are of special interest to environmental public health, building on results reported in the scientific literature, on assessments based on the weight-of-evidence methodology, and on other health assessment tools. The interaction profiles undergo scientific review for accuracy of presented data and validity of conclusions. They represent up-to-date views of the U.S. Public Health Service on health assessment issues for mixtures.

In support of DOE programs, ATSDR completed the following interaction profiles:

1. Interaction profile for cesium, cobalt, polychlorinated biphenyls, strontium, and

2. Interaction profile for arsenic, hydrazines, jet fuels, strontium, and trichloroethylene

The documents were finalized following public comments and released to the public on CD-ROM together with toxicological profiles (2004). The post-public comment version of the documents is posted on ATSDR’s web site (2005).

ATSDR Mixtures Research

ATSDR proposes a two-step project to determine how simultaneous exposure to multiple
hazardous substances affects toxicity. In the first step, appropriate mixtures will be identified, and in the second step, the toxicity of these mixtures will be assessed in combination. Data from DOE sites will be reviewed to identify candidate radioactive and non-radioactive substances to which individuals might be co-exposed and which could impact common target organs (i.e., the kidneys or liver). Relevant literature searches will be conducted to compile information on combined toxicity of the substances in mixtures. Based on these findings, scientific assessments will be designed and conducted to answer specific questions concerning the effects of exposures to mixtures of chemicals and the role radiation might play in increasing or decreasing adverse effects of the chemical mixtures on the overall health of human populations exposed near DOE sites.

ATSDR will rank the sites and prepare public health assessments as mandated by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended (42 U.S.C. §9604[I]).

Because of insufficient resources to address all sites in one fiscal year, a strategy was developed to determine the order in which public health assessments would be initiated. An ATSDR site ranking scheme was developed that evaluates and categorizes sites according to their potential to affect public health. This ranking scheme was published in the Federal Register (57 FR 37382).

The ranking scheme evaluates the following factors that may influence the public health
implications of a site: (1) hazardous substances present; (2) population potentially affected; (3) potential for exposure; and (4) health outcome data and community health concerns.

In addition to public health assessments, ATSDR may initiate new health consultations based on identified public health concerns or at the request of DOE, the EPA, or the affected communities.

Priorities factors for health consultations include current exposure, current health effects, impact of recommendations, data availability, time required to prepare consultation, external resource availability, and competing projects (i.e., what other projects will be delayed to initiate the health consultation).

ATSDR Health Education and Promotion Assistance with Public Health Assessments at Other Sites

ATSDR will determine its health education and promotion activities based on the findings and recommendations from the draft public health assessments and from the comments received from community residents during the public comment release period. These activities could include holding a public availability session for residents potentially impacted by the site and developing community health educational materials such as fact sheets, educational brochures, and document summaries.

Primary care providers will receive information and resources to diagnose, treat, and counsel persons concerned about the health impact of the site. These educational materials can be provided at local Grand Rounds or made available through local professional organizations.

ATSDR Health Study Activities at Other Sites

Future health studies are contingent upon the outcome of current work the agencies are conducting (i.e., the public health assessment and health studies).

National Academy of Sciences Peer Review

The National Academy of Sciences Committee on CDC Radiation Research peer reviews many reports generated as a result of research conducted by NCEH at DOE sites. The most recent report was from the Committee to Assess the Distribution and Administration of Potassium Iodide in the Event of a Nuclear Incident.

Comprehensive Nuclear Worker Roster and Exposure Data Base Development

HERB Epidemiological Data System (HEDS). This project will create one uniform, centralized and secure data management system to maintain NIOSH study data used in epidemiologic research across multiple DOE sites. This database will increase the efficiency in the design of future epidemiologic studies due to the work history and exposure information for workers employed at more than one DOE site.

Current Multi-Site Studies

· Multi-Site Leukemia Case-Control Study (LCCS)
· Cohort Mortality Study of DOE Chemical Laboratory Workers (CLWS)
· International Collaborative Study of Nuclear Industry Workers (IARC)
· Chronic Beryllium Disease Studies (BER1)
· Beryllium Disease Natural History (BER2)
· NIOSH Occupational Radiation and Energy-Related Grants (GRNT)

The CDC’s NIOSH is proposing a number of multi-site studies for FY 2005–2010 for which specific sites have not yet been selected.

DOE has several activities that are not covered under the MOU with HHS. Those activities that are funded through the Office of Environment, Safety and Health and involve workers at more than one DOE site include:

· Illness and Injury Surveillance of Current Workers,
· Former Beryllium Workers Medical Surveillance Program,
· Former Workers Program,
· Radiation Emergency Assistance Center/Training Site Program,
· U.S. Transuranium and Uranium Registries, and
· Worker Health Surveillance.

Illness and Injury Surveillance of Current Workers

DOE has the legislative authority to monitor the impact of its operations on the health of its workforce. Illness and injury surveillance monitors the health of current workers at participating DOE sites and evaluates the potential health impact of DOE operations on them. This monitoring enhances our understanding of the health of workers, and provides a mechanism by which worker health concerns can be addressed in collaboration with the affected workers, occupational medicine, and site management. Illness and injury surveillance supports DOE's only multi-site health information database linked to current workers. The program leverages existing health and safety data sources to maximize the use of current data, while limiting the fiscal burden related to data collection. Illness and injury surveillance assesses the overall health of the current DOE workforce at 14 DOE sites and facilities. The goal is to identify groups of workers that may be at increased risk for occupation-related injury and illness. In response to indications of excess risk, program staff can assess the need for additional investigations. Surveillance is based on continuous collection, analysis, and interpretation of selected morbidity, demographic, and occupational exposure data. The program is a corporate resource providing its customers with timely health information. Program staff also provide epidemiologic and public health expertise in the evaluation of worker health concerns. Reports summarizing the results of illness and injury surveillance are published annually and are available online. Implementation of illness and injury surveillance has also advanced the automation of health data management systems and fostered the development of state-of-the-art medical information management at participating sites.

Worker Health Surveillance

The primary emphasis of worker health surveillance is to identify workers whose health may have been adversely affected by their work at DOE facilities and the provision of timely health information to those workers. Voluntary screening programs conduct either broad assessments of the health of former workers or focus on identifying workers at risk for specific health effects, such as berylliosis. These programs offer medical tests and evaluations selected to provide valuable health information directly to former workers concerned with the potential health impact of their work. Other health surveillance programs monitor the health of current workers and assist DOE sites in investigating worker health concerns. Ongoing analysis of health data from 70,000 current workers is used to identify trends in illness and injury and to give workers, management, and other stakeholder’s information on the health of the current workers. Worker surveillance programs include a complex-wide Beryllium Registry and Screening Program, the Rocky Flats Former Radiation Workers Program, a number of former workers medical screening programs, and the Illness and Injury Surveillance Program.

NOTE: An example of a government contractor whose CEO did not agree with the way the US Department of Labor persons-in-charge enforced their decision to deny six terminally ill EEOICP claimants’ preferred medical care.

The six terminally ill EEOICP claimants filed a lawsuit. The USDOL assistant deputy secretary Shelby Hallmark is cited as a defendant in litigation papers.

According to the USDOL program statistics, 1 in 10 Rocky Flat’s sick worker claimants die before they receive a compensation award.

EXCERPTS: Greg Austin, president of Professional Case Management— “If we do what the Department of Labor says instead of what the doctors say, literally, lives could be put at risk, he said.” “The government routinely withheld information about the risk workers faced. Records of exposures were often incomplete; others were later destroyed.”

NOTE: Greg Piche is the attorney with Holland & Hart, the Denver law firm that filed the six terminally ill EEOICP claimants’ lawsuit. Basically, the lawsuit involves the USDOL’s denial of 24-hour nursing care. USDOL assistant deputy secretary Shelby Hallmark is cited as a defendant.
“The attorney who filed the suit on their behalf says the government’s efforts seem to be part of a pattern federal officials have followed to contain costs at the expense of the ill workers.
Labor Department officials have come under fire in the past few months from the ill, their advocates and some federal lawmakers who say recently released internal communications show those officials and the White House discussing ways to limit compensation to ill workers.”

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Picture of current US President George W. Bush signing the Ronald Reagan Defense AuthorizationBill that includes the language that was meant to alter the EEOICPA of 2000. Consequently, the USDOE was “ousted” from participation in the EEOICP; and Part D aka Part E was transferred to the USDOL administration. Bush imposed his EEOICPA “signing statement” (October 28, 2004) that affirms that he refutes the
the so-called “reformation plan” that was enacted by the Legislative Branch. Current U.S. President Bush tends to discharge any “federal employee”—or attempts to abolish any law—that he believes does not meet with his personal expectations.



Nuke workers file class-action lawsuit,1299,DRMN_15_5478514,00.html


By Rocky Mountain News
April 11, 2007

Six former nuclear weapons workers filed a class-action lawsuit in Denver Wednesday, saying their lives are at risk because the government is withholding payment of medical costs the government promised to cover.

The plaintiffs are Cold War veterans who became ill while making bombs for the country's nuclear arsenal. Most of them are dying.

The attorney who filed the suit on their behalf says the government’s efforts seem to be part of a pattern federal officials have followed to contain costs at the expense of the ill workers.

Labor Department officials have come under fire in the past few months from the ill, their advocates and some federal lawmakers who say recently released internal communications show those officials and the White House discussing ways to limit compensation to ill workers.

"You have the same effect and the same players," said Greg Piche, the attorney with Holland & Hart, the Denver law firm that filed the suit. He was referring to Labor Department officials in charge of both the compensation and the medical coverage programs. "It’s not too hard to draw the dots."

The lawsuit contends that Labor Department officials are denying, delaying and limiting doctors’ orders to provide high levels of home nursing care for severely ill and dying weapons workers. Some workers have had to wait seven months or more for their care to be approved, and then at a level less than their doctors’ ordered.

"That's saving the government a great deal of money," Piche said. "But it's also putting these people in harm's way."
The workers are eligible for the home health care as part of a compensation program created by federal law in 2001, when the government acknowledged after decades of denials that nuclear weapons workers had faced health risks thatwere sometime hidden from them.

Historical records revealed the government often downplayed the risks to avoid bad publicity and liability.

In an interview last week, Assistant Deputy Labor Secretary Shelby Hallmark, who oversees the program and is named a defendant in the suit, said the Labor Department is not trying to deny care to ill weapons workers, but to make sure the level of care was appropriate. Hallmark could not be reached Wednesday.

The suit says the workers "for the most part (are) isolated, frail and suffering severe and/or terminal disease." Delaying medical care or restricting the kind of care they can have is "life threatening" to the workers, the lawsuit says.


Dated: June 27, 2007

H. Gaidine Oglesbee, EEOICP Claimant
Independent National Advocate
National Nuclear Victims for Justice
Phone: 509-943-0777

Vina K. Colley, EEOICP Claimant
President of PRESS - Portsmouth/Piketon
National Nuclear Workers for Justice Co-Chair
Member group of the Alliance for Nuclear Accountability
Group Member of the Military Toxic Project
Phone: 740-357-8916