The Special Exposure Cohort (SEC) is a uniquely defined category of employees established under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA or The Act). The SEC is comprised of classes of employees who have any of 22 "specified cancers," who worked for a specified period of time at one of the SEC Work Sites or participated in certain nuclear weapons tests, and who meet other additional requirements under The Act. An individual member (or the eligible survivors of a member) of a class of employees included in the SEC is entitled to compensation without having to undergo a dose reconstruction performed for his or her case by NIOSH, or to have a decision by DOL as to whether the cancer was "at least as likely as not" caused by occupational exposure to radiation, as is required for other cancer claims covered by The Act.
To answer questions about the SEC, NIOSH has developed a list of Frequently Asked Questions (FAQs) below. Links to other program FAQs are located on the "Find It!" navigation box under "On this page . . . "
Select the topic you are interested in below by clicking its link. You will be taken to the section of this page that lists FAQs about the topic. Links throughout the FAQs will guide you to further information.
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SEC General Information
- What is the Special Exposure Cohort (SEC)?
The SEC is a uniquely defined category of employees established under The Act (42 CFR Part 83). The SEC is comprised of classes of employees who have any of 22 "specified cancers," who worked for a specified period of time at one of the SEC Work Sites or participated in certain nuclear weapons tests, and who meet other additional requirements under The Act. An individual member (or the eligible survivors of a member) of a class of employees included in the SEC is entitled to compensation without having to undergo a dose reconstruction performed for his or her case by NIOSH, or to have a decision by the Department of Labor (DOL) as to whether the cancer was "at least as likely as not" caused by occupational exposure to radiation, as is required for other cancer claims covered by The Act.
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- What is a "class" of employees?
A class of employees is defined in the regulation as a group of employees who work or worked at the same Department of Energy (DOE) facility or Atomics Weapon Employer (AWE) facility, and for whom the availability of information and recorded data on radiation exposures is comparable with respect to the informational needs of dose reconstructions under the dose reconstruction regulation.
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- Does everyone who falls under the class definition get paid?
No. In order to be eligible for compensation, an individual must also have at least 250 aggregated days of employment in a class or classes in the SEC and one of the 22 SEC "specified cancers."
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- What does "aggregated" days of employment mean?
Aggregated days of employment are the total number of days that a worker was employed in a class at multiple covered SEC facilities. The total number of days of employment in a class at each facility can be combined together to meet the 250 day requirement.
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- Where did this 250 day requirement originate?
The 250 day requirement was written into the law by Congress when The Act was originally passed. There is no scientific basis for the 250 days. It is simply a work year.
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- What are the 22 "specified cancers" for compensation for the SEC?
In addition to being a member of one of the classes of employees included in the SEC, to qualify for compensation, a covered employee must also have at least one of the following types of cancer:
- Bone cancer
- Renal cancers
- Leukemia (other than chronic lymphocytic leukemia) provided the onset of the disease was at least two years after first exposure
- Lung cancer (other than in-situ lung cancer that is discovered during or after a post-mortem exam)
The following diseases provided onset was at least five years after first exposure:
- Multiple myeloma
- Lymphomas (other than Hodgkin's disease)
- Primary cancer of the:
- Bile ducts
- Brain
- Breast (female or male)
- Colon
- Esophagus
- Gall bladder
- Liver (except if cirrhosis or hepatitis B is indicated)
- Ovary
- Pancreas
- Pharynx
- Salivary gland
- Small intestine
- Stomach
- Thyroid
- Urinary bladder
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- Which classes of employees are currently included in the SEC?
A list of the classes of employees that are currently included in the SEC can be found on the Special Exposure Cohort page under Classes of Employees Currently Included in the SEC.
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- How will DOL process compensation claims for members of classes of employees added to the SEC?
DOL will use the same general procedures that apply to the classes of employees Congress added to the SEC to compensate claims for members of classes added to the SEC. DOL will determine if the energy employee worked during the defined period established by the class, meets the 250 days of employment requirement, and has one of the 22 "specified cancers."
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- Why does DOL determine eligibility for compensation?
Under The Act, DOL was designated the responsibility of determining the eligibility of energy employees with covered occupational illnesses and their survivors and managing claims for compensation and benefits.
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- My case has already been denied compensation by DOL. However, I belong to a class of employees that was added to the SEC and meet all of the criteria. Do I have to resubmit my claim to DOL to get compensation?
No. If the previously completed, non-compensable case now qualifies for compensation under a new SEC class, DOL will notify you and any other claimants listed on the claim.
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- Does NIOSH provide any assistance to petitioners?
Yes. NIOSH is aware that the SEC process can sometimes seem complex. In order to make the petitioning process as understandable as possible, NIOSH has named Laurie Breyer as the SEC Petition Counselor. Ms. Breyer provides advice to individuals who wish to submit an SEC petition. She assists the petitioner(s) in understanding the development, submission, qualification, evaluation, and Board deliberation processes that their petition will undergo. It is NIOSH's goal to help individuals understand the complete petition process as outlined in the SEC Rule (42 C.F.R. Part 83) and Ms. Breyer works with petitioners in overcoming any frustrations or confusion that they may feel when submitting an SEC petition.
Ms. Breyer can be contacted via email at ocas@cdc.gov or by calling 513-533-6800 or toll-free at 1-877-222-7570.
Denise Brock has also been appointed as a Consultant/Ombudsman to NIOSH under The Act. Ms. Brock will be working with individuals with respect to the SEC process as well as the dose reconstruction process for claims that have been filed under Subpart B of the Act. Ms. Brock will directly assist petitioners in compiling materials, information, and documentation needed to file an SEC petition. She will also assist petitioners in preparing and presenting comments to the Advisory Board on Radiation Worker Health. Ms. Brock will be available to help petitioners who may be having difficulties within their current petition.
You may contact Ms. Brock by calling toll-free at 1-888-272-7430.
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SEC Final Rule for the Procedures for Designating Classes of Employees as Members of the SEC
- What is the SEC Final Rule?
The rule describes the process for individuals and/or organizations to file a petition to add a class of employees to the SEC.
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- What is the purpose of the SEC Final Rule?
HHS created the SEC procedures rule to ensure that:
- Petitions are submitted by authorized parties
- Petitions are justified
- Petitions are given uniform, fair, and scientific consideration
- Petitioners are given the opportunity to be involved with the petitioning process
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- Where can I find a copy of the SEC Final Rule?
The Final Rule for the Procedures for Designating Classes of Employees as Members of the SEC can be found in the Federal Register and can be found on The Act page on this Web site.
You can also request a copy of the rule via email at ocas@cdc.gov, by calling NIOSH directly at 513-533-6800, or by calling toll-free at 1-877-222-7570.
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- What topics are discussed in the SEC Final Rule?
The following topics are discussed in the SEC Final Rule:
- How HHS will determine whether or not it is feasible to estimate the radiation dose that the class received and if there is a reasonable likelihood that the radiation dose may have endangered the health of members of the class
- The procedures that are necessary to add a class of employees to the SEC
- Individuals and organizations that are qualified to submit an SEC petition on behalf of a class
- Minimum requirements that must be met for an SEC petition to qualify for consideration
- Procedures to involve and notify petitioners in the petitioning process and to allow petitioners to seek administrative reviews of proposed decisions
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- What is required before a class of employees can be added to the SEC?
The following is required before a class of employees can be added to the SEC:
- The class must petition to be added to the SEC;
- HHS must obtain the advice of the Advisory Board on Radiation and Worker Health;
- HHS must determine that:
- it is not feasible to estimate the radiation dose that the class received with sufficient accuracy (in accordance with 42 CFR 83); and
- there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class; and
- A recommended decision by HHS to add a class to the SEC must be submitted to Congress and take effect 30 days after HHS reports the designation to Congress, unless Congress otherwise provides.
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SEC Roles
- What role does NIOSH have in the SEC petitioning process?
NIOSH's role is to:
- Collect SEC petitions
- Determine whether or not the petitions meet the minimum requirements for review and evaluation
- Notify the petitioners, the Advisory Board, and the public as to whether or not the petitions meet the minimum requirements for review and evaluation
- Provide the Advisory Board and the petitioners with information on the steps of the petition evaluation and other required procedures
- Evaluate the petition
- Provide a report on the SEC petition evaluation to the Advisory Board
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- What role does the Advisory Board have in the SEC petitioning process?
The Advisory Board's role is to:
- Consider the petition and the NIOSH evaluation report
- Obtain and consider additional information not addressed in the petition or the initial NIOSH evaluation report, if necessary
- Develop and send the Secretary of HHS a report containing the Advisory Board's recommendation upon the completion of NIOSH evaluations and Advisory Board deliberations
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- What role does the Secretary of the Department of Health and Human Services (HHS) have in the SEC petitioning process?
The role of the Secretary of HHS is to:
- Make the final recommended decision as to whether to add or deny adding a class to the SEC after considering recommendations provided by NIOSH, the Board, and from the HHS administrative review, if applicable
- Develop and send a report of the final recommended decision to the petitioners, including a description of the relevant criteria and a summary of the information and findings that the decision is based upon
- Provide Congress with a report giving the final recommended decision, the definition of the class of employees covered by the decision, and the criteria and findings upon which the decision was based for classes to be added to the SEC
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- What role does Congress have in the SEC petitioning process?
Congress reviews the Secretary of HHS' recommended decision. Congress can reverse or expedite the decision to add a class to the SEC. If Congress takes no action that effects the decision, it will take effect 30 calendar days after Congress receives the Secretary's recommended decision.
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- What role does DOL have in the SEC petitioning process?
DOL's role is to determine the eligibility of claims to be paid under the SEC. DOL will determine if the energy employee worked during the defined period established by the class, meets the 250 days of employment requirement, and has one of the 22 "specified cancers" or an eligible secondary cancer.
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SEC Petition Forms
- Who can submit a petition?
Up to three individuals can be named as petitioners on one petition. The petition itself can represent an unlimited number of employees (a class) from the same facility. Petitioners serve as the contact for the class and must be one or more of the following:
- A DOE, DOE contractor or subcontractor, or AWE employee, who would be included in the proposed class of employees, or their survivors
- A labor organization representing or formerly having represented DOE, DOE contractor or subcontractor, or AWE Employer employee, who would be included in the proposed class of employees
- An individual or entity authorized in writing by one or more DOE, DOE contractor or subcontractor, or AWE employee, who would be included in the proposed class of employees, or their survivors.
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- When can I submit an SEC petition?
Individuals or organizations can submit a petition at any time. You can submit a petition when NIOSH has informed you, in writing, that a dose reconstruction for your case filed with DOL could not be conducted. Petitions may also be submitted representing a class of employees whose members have yet to file cases with DOL under The Act, or have yet to be diagnosed with cancer.
Optional forms and filing instructions are available on our Web site on the How To Submit an SEC Petition page.
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- Where can I get the petition form?
Petition forms are available through our Web site on the How To Submit an SEC Petition page. You can also request a hard copy version of the SEC petition form via email at ocas@cdc.gov, by calling NIOSH directly at 513-533-6800, or by calling toll-free at 1-877-222-7570.
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- Do I have to fill out and submit the petition forms?
No. The petition forms are optional. The forms will assist NIOSH in the processing of the petitions and the instructions offer guidance to petitioners on how to file a complete petition.
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- Which petition form should I complete?
Complete SEC Petition Form A if NIOSH has reported to you in writing that we cannot complete the dose reconstruction needed for your cancer case. All other petitioners should use Petition Form B to submit a petition.
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- Where can I find instructions for filling out the petition form?
Instructions can be found on this Web site on the How To Submit an SEC Petition page.
You can also contact:
Laurie Breyer, SEC Petition Counselor, via email at ocas@cdc.gov or by calling 513-533-6800 or toll-free at 1-877-222-7570.
Denise Brock, Consultant/Ombudsman to NIOSH, by calling toll-free at 1-888-272-7430.
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- Where do I send the petition form?
Please submit the SEC petition form to:
SEC Petition
National Institute of Occupational Safety and Health
Office of Compensation Analysis and Support, MS-C47
4676 Columbia Parkway
Cincinnati, Ohio 45226
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- I want to submit an SEC petition but NIOSH has already received a petition from the same class of employees. Can I still submit the petition?
There is no need to submit a petition if one has already been received for the same class. You can submit a separate petition only if the petition represents substantially new information that has not already been considered by NIOSH.
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- Who do I contact if I need help filling out the SEC petition form?
Information on filing an SEC petition can be found on the How to Submit an SEC Petition Web page. If you have additional questions, please contact our SEC Petition Counselor, Ms. Laurie Breyer via email at ocas@cdc.gov or by calling 513-533-6800 or toll-free at 1-877-222-7570.
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SEC Petition Requirements
- What information must be provided in the SEC petition?
If NIOSH determined that the dose reconstruction cannot be completed, then the petition must provide:
- Identifying and contact information; and
- The justification that the dose reconstruction cannot be completed due to insufficient records and information, as indicated in the written notification from NIOSH.
All other petitioners must provide:
- Identifying and contact information; and
- A proposed class definition; and
- A description of why the proposed class should be added to the SEC (e.g., records and information available are inadequate to estimate the radiation doses acquired by members of the proposed class of employees with sufficient accuracy; identification of any exposure incident that was unmonitored, unrecorded, or inadequately monitored or recorded if the petition is based on an exposure incident, etc.).
Please Note: Petitioners may be required to provide evidence that the incident occurred if NIOSH is unable to obtain records or confirmation of the incident form sources independent of the petitioners. This evidence is not required at the time the petition is submitted. The petitioners will be directly informed of the need for the supplemental information.
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- What is needed in the proposed class definition?
The proposed class definition should include:
- The DOE/AWE facility where the proposed class worked;
- The location(s) within the facility where the covered class worked;
- The job titles/duties of the class members; and
- The years the proposed class worked.
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- What is needed to indicate the basis for the petitioner's belief that the dose reconstruction is not feasible?
The basis must include one of the following:
- Documentation or worker statements provided by affidavit that indicate the radiation exposures and doses of the members were not monitored, either through personal or area monitoring;
- Documentation or worker statements provided by affidavit that indicate that radiation monitoring records for members have been lost, falsified, or destroyed.
- A report from a Health Physicist or other individual with expertise in dose reconstruction that documents the limitations of existing DOE/AWE records on radiation exposure at the facility; or
- A scientific or technical report published or issues by a government agency of the Executive Branch of Government, the Government Accounting Office, the Nuclear Regulatory Commission, the Defense Nuclear Facilities Safety Board, or published in a peer-reviewed journal that identifies dosimetry and related information that are unavailable due to either a lack of monitoring or the destruction or loss of records for estimating radiation doses of employees covered by the petition.
- If relevant, inclusion of information indicating an exposure incident that was unmonitored, unrecorded, or inadequately monitored or recorded.
Please Note: Petitioners may be required to provide evidence that the incident occurred if NIOSH is unable to obtain records or confirmation of the incident from sources independent of the petitioners. This evidence is not required at the time the petition is submitted. The petitioners will be directly informed of the need for the supplemental information.
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- Does the petitioner have to provide evidence that an exposure incident that was unmonitored, unrecorded, or inadequately monitored or recorded occurred?
Petitioners may be required to provide evidence that the incident occurred if NIOSH is unable to obtain records or confirmation of the incident from sources independent of the petitioner's source. This evidence is not required at the time the petition is submitted. The petitioners will be directly informed of the need for the supplemental information.
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- What would qualify as evidence that an exposure incident that was unmonitored, unrecorded, or inadequately monitored or recorded occurred?
The following may qualify as evidence:
- Medical evidence that one or more members of the class may have been exposed to high dose of radiation from the incident
If the above is not available, then
- Notarized affidavits from one or more employees who witnessed the incident may qualify
Please Note: The affidavits alone, however, may not be sufficient to confirm the occurrence of an incident. As with all evidence provided, NIOSH will consider the adequacy and credibility of the evidence provided in the affidavits.
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- The employee who witnessed the incident is deceased, in poor health, cannot be located or identified . . . what can I do?
Notarized affidavits from one or more individuals who did not witness the incident may be substituted if the individual was directly informed by one or more employees who witnessed the incident. The affidavits alone, however, may not be sufficient to confirm the occurrence of an incident. As with all evidence provided, NIOSH will consider the adequacy and credibility of the evidence provided in the affidavits.
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SEC Petitioning Process
General Questions
- What are the steps in the SEC petitioning process?
The steps in the petitioning process are listed below:
- A petition is submitted to NIOSH.
- The petition then goes through a qualification stage to ensure that the petition meets all of the minimum requirements for review and evaluation.
- Once the petition meets the minimum requirements for review and evaluation, NIOSH publishes a notice in the Federal Register to notify the public of its decision to evaluate the petition.
- NIOSH evaluates the petition and writes a report detailing the findings.
- NIOSH sends the report to the Advisory Board and to the petitioner(s).
- NIOSH presents the evaluation of the petition to the Advisory Board in a public meeting where petitioners and other interested parties can attend. During the meeting, petitioner(s) have the opportunity to speak to the Board.
- The Advisory Board provides a recommendation to the Secretary of Health and Human Services (HHS).
- The Secretary of HHS reviews all of the information and makes a final decision.
- The Secretary of HHS submits the final decision to Congress.
- Congress reviews the Secretary of HHS's final decision. The Secretary of HHS's decision takes effect in 30 calendar days after it is submitted to Congress unless Congress otherwise provides.
- The Secretary of HHS sends DOL a report providing the final decision on the petition after the Congressional review period.
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- What if I disagree with the Secretary's decision?
A petitioner can appeal the Secretary's decision in writing within 30 calendar days after the decision becomes final. Challenges may not introduce new information or documentation concerning the petition or the NIOSH or Advisory Board's evaluations that were not submitted prior to the Board issuing its recommendation. Challenges must include evidence that the proposed decision relies on a record of either substantial factual errors or substantial errors in the implementation of the procedures.
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- Where does NIOSH get the information it collects on the types and levels of radiation exposures that potential members of a class may have encountered?
NIOSH gets this information from sources such as the:
- Petition form submitted on behalf of the class
- DOE and AWE facility records and information
- Potential members of the class and their survivors
- Labor organizations who represent or represented employees at the facility during the required employment time period
- Managers, radiation safety officials, and other witnesses present during the required employment time period
- NIOSH records from epidemiological research
- Other sources
- Who do I contact if I have additional questions about the SEC petitioning process?
If you have questions regarding the SEC petitioning process, our SEC Petition Counselor, Ms. Laurie Breyer, can be contacted via email at ocas@cdc.gov or by calling 513-533-6800 or toll-free at 1-877-222-7570. Information on filing an SEC petition can also be found on our How to Submit an SEC Petition Web page.
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Petition is Denied (does not meet the minimum requirements for review and evaluation)
- Why would HHS deny an SEC petition?
If an SEC petition does not meet the minimum requirements set forth in the SEC petitioning procedures, NIOSH may determine that the petition does not meet the minimum requirements for review and evaluation and may deny the SEC petition.
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- What happens if the Director of NIOSH determines that an SEC petition does not meet the minimum requirements for review and evaluation?
If the SEC petition does not meet the minimum requirements for review and evaluation, NIOSH will notify petitioners of any requirements that the petition failed to meet and provide guidance to the petitioners in developing the relevant information.
Petitioners have 30 calendar days from the date of notification to revise the petition. If, after 30 days, the petition remains unqualified, NIOSH will issue a decision that the petition does not qualify for evaluation. Petitioners then have 30 calendar days to request a review of that decision. If a review has been requested, NIOSH will make the final decision as to whether to accept or deny the petition based on results of the review. If at the end of the 30 calendar days the petition does not meet the minimum requirements or is not reviewed, NIOSH's proposed finding will become a final decision.
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- What happens if the petitioner does not revise the petition in 30 days?
After the 30 calendar days from the date of the initial notification, NIOSH will let the petitioners know that the petition still does not meet the minimum requirements for review and evaluation. The petitioners will have 30 calendar days to request a review of that decision.
If after 61 days from the original notification, the petition still does not meet the minimum requirements for review and evaluation, and a review has not been requested, NIOSH will inform the petitioners of the decision to deny the petition and provide the basis for the finding.
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- If the petition is denied because it does not meet the minimum requirements for review and evaluation, can the petitioner request a review of that decision?
Yes. If the petition is denied because it does not meet the minimum requirements for review and evaluation, the petitioner can request a review of that decision. The petitioners have 30 calendar days after notification that the petition remains unqualified to request the review, in writing, and must specify why the finding should be reversed.
The request may not include any new information or documentation that was not included in the original completed petition. If petitioners obtain new information within the allotted 30 day period, petitioners should provide the new information to NIOSH. NIOSH will consider this new information as a revision to the petition.
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- Who completes the review if a petition is denied because it does not meet the minimum requirements for review and evaluation?
Three HHS personnel, appointed by the Director of NIOSH, who were not involved in developing the proposed finding will complete the reviews within 30 work days of the request for review.
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- Who makes the final decision as to whether the petition meets the minimum requirements for review and evaluation?
The Director of NIOSH makes the final decision as to whether or not the petition meets the minimum requirements for review and evaluation after the review.
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- If the petition is denied because it does not meet the minimum requirements for review and evaluation, but the petitioner has new information/documentation to add, can the petitioner request a review?
If the petitioner obtains new information within the allotted 30 day period, the petitioner should provide it to NIOSH. NIOSH will consider this new information as a revision of the petition.
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- When does the acceptance/denial of a petition for review and evaluation become a final decision?
The decision to accept or deny a petition will become final in 31 calendar days if there is not a request by the petitioner to review the decision.
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- Once NIOSH denies a petition because it does not meet the minimum requirements for review and evaluation, can NIOSH ever go back and reconsider the findings?
NIOSH may, at its discretion, reconsider a decision to deny a petition that does not meet the minimum requirements for review and evaluation if new information on the petition becomes available.
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Petition is Accepted (meets the minimum requirements for review and evaluation)
- What happens when the Director of NIOSH determines that the SEC petition meets the minimum requirements for review and evaluation?
When the Director of NIOSH determines that the SEC petition meets the minimum requirements for review and evaluation, the petitioners, the Board, and the public will be notified. NIOSH will proceed with an evaluation of the petition and provide the petitioners and the Board with information on the steps of the evaluation and other required procedures.
An evaluation report will be given to the petitioners and the Board for review. The Board will review and discuss the evaluation report and submit a recommendation to add or deny adding the class to the SEC to the Secretary of HHS. The petitioners will be notified of the the Board's recommended decision. The petitioners can contest the decision to deny adding the class to the SEC or to define health endangerment such that members of the class are limited to those employees who have been employed for at least 250 days, in writing, within 30 calendar days.
The Secretary of HHS, after considering information and recommendations provided by NIOSH, the Board, and from the administrative review, if applicable, will submit the final recommended decision to add or deny adding the class to the SEC to Congress for review. If Congress takes no action that reverses or expedites the Secretary of HHS's final decision, it will take effect in 30 calendar days after the date the Secretary of HHS's report is submitted to Congress. The Secretary of HHS will provide a report to DOL and the petitioners containing the definition of the class and either the addition of the class to the SEC and/or the result of any action by Congress to reverse or expedite the decision. A notice will also be published in the Federal Register notifying the public of all decisions.
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- If the SEC petition meets the minimum requirements for review and evaluation, does the class get added to the SEC?
No, if the SEC petition meets the minimum requirements for review and evaluation, the class does not automatically get added to the SEC. Meeting the minimum requirements for review and evaluation just means that the petition will continue in the SEC petitioning process. The petition will receive a full evaluation by NIOSH, the Board, and HHS.
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- What does NIOSH do with petitions selected for evaluation?
NIOSH will present the petitions to the Board with a plan for each that includes:
- An initial proposed definition of the class being evaluated; and
- A list of activities for evaluating the radiation exposure and adequacy of existing information needed to conduct a dose reconstruction for all class members.
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- Can NIOSH combine separate petitions and evaluate them as a single petition?
Yes. NIOSH can combine separate petitions and evaluate them as a single petition if at any point in the evaluation process NIOSH finds that the petitions represent the same class of employees.
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- Can NIOSH begin to evaluate the petition before presenting the initial evaluation plan to the Advisory Board?
Yes. NIOSH may begin the evaluation immediately.
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- Can petitioners attend the Advisory Board's meeting to discuss the petition evaluation?
Yes. Petitioners will be invited to present views and information on the petition and the NIOSH evaluation report at the Board meeting.
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- How will petitioners know when the Advisory Board will be meeting to discuss the petition evaluation?
The date and time of the meeting will be posted in the Federal Register and on the Advisory Board page of our Web site. Laurie Breyer, the SEC Petition Counselor, also notifies petitioners of Board meetings where the petition will be discussed.
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- Will petitioners be given a copy of the NIOSH evaluation report?
Yes. NIOSH will provide the Advisory Board and all petitioners with a copy of the evaluation report.
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- Can the Advisory Board request/consider additional information not addressed in the petition or the original NIOSH evaluation report?
Yes.
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- Can the Advisory Board request that NIOSH further evaluate a petition before making their recommended decision?
Yes. Upon the Advisory Board's request, NIOSH may further evaluate a petition. If NIOSH conducts additional evaluation, the new findings will be reported to the Board and petitioner(s).
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- What is included in the Advisory Board's report to the Secretary?
The Advisory Board's report includes:
- the identification and inclusion of the relevant petition(s)
- the definition of the class of employees covered by the recommendation
- a recommendation as to whether or not the Secretary should designate the class as an addition the the SEC
- the relevant criteria under 42 CFR 83.13(c) and findings and information upon which the recommendation is based, including NIOSH evaluation reports, information provided by the petitioner(s), any other information considered by the Advisory Board, and the deliberations of the Advisory Board.
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- What happens after the Secretary has made a recommended decision to add or deny adding a class of employees to the SEC?
After the Secretary of HHS has made a recommended decision to add or deny adding a class of employees to the SEC, the Secretary will then send the report containing the recommended decision to the petitioners. This report will include a description of the relevant criteria and summary of the information and findings that the recommended decision is based upon. The Secretary will also provide Congress with a report giving the recommended decision, the definition of the class of employees covered by the decision, and the criteria and findings upon which the decision was based for classes to be added to the SEC.
Congress will review this information and make the final decision as to whether to add or deny adding the class to the SEC. If Congress takes no action that reverses or expedites the Secretary's decision, the Secretary's decision will take effect 30 calendar days after the date the Secretary of HHS' report is submitted to Congress.
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- Where can I find a copy of the report containing the Secretary of HHS' final recommended decision to add or deny adding a class of employees to the SEC?
The report will be published on our Web site and in the Federal Register.
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- Who makes the final decision to add or deny adding a class of employees to the SEC?
The Secretary of HHS makes the final decision as to whether to add or deny adding a class of employees to the SEC.
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- How long does Congress have to review the Secretary's decision?
Congress has 30 calendar days after the date the Secretary of HHS' report is submitted to Congress to review the Secretary's decision.
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- When will the Secretary of HHS' decision take effect?
If Congress takes no action that reverses or expedites the Secretary's decision, the decision will take effect 30 calendar days after the date the Secretary's report is submitted to Congress.
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- How will DOL be alerted of the final decision?
The Secretary of HHS will provide DOL and the affected petitioners a report with the definition of the class and one of the following outcomes:
- The addition of or the decision not to add the class to the SEC; and, if appropriate
- The result of any action by Congress to reverse or expedite the decision to add a class to the SEC.
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- Can petitioners request an administrative review of the Secretary's final decision?
HHS will allow petitioners to request an administrative review, in writing within 30 calendar days, on the final decision to deny adding a class to the SEC or a health endangerment determination under CFR 83.13(c)(3)(ii). The request must include evidence that the final decision relies on a record of either substantial factual errors or substantial errors in the implementation of the SEC procedures. The request cannot introduce new information or documentation concerning the petition or the NIOSH or Board evaluation(s) that was not submitted or presented by the petitioner(s) or others to NIOSH or to the Board prior to the Board's issuing its recommendations.
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- Who will conduct the administrative review?
A panel of three HHS personnel, independent of NIOSH and appointed by the Secretary of HHS, will conduct an administrative review based on a challenge submitted. The panel will provide recommendations to the Secretary concerning the merits of the challenge and the resolution of issues contested by the challenge. The Secretary will decide whether or not to revise a final decision after considering information and recommendations from the Director of NIOSH, the Advisory Board, and from the HHS administrative review.
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- Can the final decision be cancelled or modified?
Yes. If HHS obtains records relevant to radiation exposure of members of the class that enable NIOSH to estimate the radiation doses incurred by individual members of the class through dose reconstructions, then the Secretary of HHS can cancel a final decision to add a class to the SEC, or can modify a final decision to reduce the scope of the class added.
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- Does HHS have any procedures defined for canceling/modifying the final decision?
Yes. The procedures will include the following:
- Publication of a notice in the Federal Register informing the public of the intent of the Secretary of HHS to review the final decision on the basis of new information and describing procedures for this review;
- An analysis by NIOSH of the utility of the new information for conducting dose reconstructions;
- A recommendation by the Board to the Secretary of HHS as to whether or not the Secretary of HHS should cancel or modify the final decision based upon a review by the Board and the NIOSH analysis and any other information considered by the Board;
- An opportunity for members of the class to contest a proposed decision to cancel or modify the prior final decision that added the class to the SEC; and
- Publication in the Federal Register of a final decision to cancel or modify the prior final decision that added the class to the SEC.
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SEC Timeframes
Petitioner
- How long does a petitioner have to revise a petition that NIOSH has determined does not meet the minimum requirements for review and evaluation?
The petitioner has 30 calendars days from the date of the original NIOSH notification that the petition did not meet the minimum requirements for review and evaluation to revise the petition.
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- What happens if the petition is not revised or the petition remains unqualified within the 30 days?
If the petition is not revised within 30 days, NIOSH will issue a decision that the petition does not meet the minimum requirements for review and evaluation.
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- How long does a petitioner have to request a review of NIOSH's decision that the petition did not meet the minimum requirements for review and evaluation?
The petitioner has 30 days to request a review of NIOSH's decision. If a review has been requested, NOSH will make the final decision as to whether to accept or deny the petition based on results of the review.
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- How long does a petitioner have to contest the Secretary's decision to deny adding a class to the SEC?
Petitioners can contest the Secretary's final decision and request an administrative review, in writing, within 30 calendar days of the final decision.
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NIOSH
- When does NIOSH's recommended decision to accept or deny a petition become a final decision?
The decision to accept or deny a petition because it does not meet the minimum requirements for review and evaluation becomes a final decision in 31 days if there is not a request by the petitioner to review the decision.
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- How long does NIOSH have to submit a recommendation on an SEC petition to the Advisory Board?
NIOSH has 180 days to provide a recommendation to the Advisory Board regarding qualified SEC petitions.
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Secretary of the Department of Health and Human Services (HHS)
- How long does the Secretary of HHS have to submit a recommendation on a petition to Congress?
The Secretary of HHS has 30 days from the receipt of the Advisory Board's recommendation to submit a final recommended decision on a petition to Congress.
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- What happens if the Secretary does not meet the 30 day limit?
The Secretary of HHS has 30 days from receipt of the Advisory Board's recommendation to submit his decision to Congress. If this 30-day deadline is not met and the Advisory Board has recommended adding the class, the class will be added to the SEC automatically, even if the Secretary's decision would have been to deny adding the class.
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- How long will it be before the Secretary of HHS' final recommended decision takes effect?
If Congress takes no action that reverses or expedites the Secretary's final recommended decision, the decision will take effect 30 calendar days after the date the Secretary's report is submitted to Congress.
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Advisory Board on Radiation and Worker Health
- How long does the Advisory Board have to submit a recommendation to the Secretary of HHS?
No formal timeframes have been placed on the Advisory Board to submit a recommendation to the Secretary of HHS at this time. The Board, however, has informally agreed to submit its recommendation to the Secretary within 21 days after the determination by the Advisory Board of their recommendation.
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Congress
- How long does Congress have to take an action on the designation?
Congress has 30 days after the date the Secretary's report is submitted to Congress.
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- What happens if Congress does not meet the 30 day limit?
If Congress takes no action that effects the Secretary's final decision, the decision will take effect 30 calendar days after the date the Secretary's report is submitted to Congress.
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Page last updated: November 3, 2008
Page last reviewed: May 30, 2008
Content Source: National Institute for Occupational Safety and Health (NIOSH)
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