NIOSH denies qualifying SEC Petition for Rocky Flats Nuclear Workers

In April 2020, Judy Padilla, former Rocky Flats worker, and Terrie Barrie, Founding Member of the Alliance of Nuclear Worker Advocacy Groups and wife of a sick Rocky Flats worker, filed a petition to expand the class of workers covered under the Special Exposure Cohort (SEC).  Members of a SEC receive automatic compensation under the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended, if they developed one of the 22 specified cancers and worked within the class definition.

On July 31, 2020, National Institute of Occupational Safety and Health (NIOSH) denied qualifying this petition.  Because of this action, the Advisory Board on Radiation and Worker Health will not be permitted to review the evidence and the petitioners’ arguments that NIOSH cannot reconstruct dose with sufficient accuracy.

The files below were uploaded to the docket for the Board’s virtual meeting 8/26-27/2020, https://beta.regulations.gov/document/CDC-2020-0077-0001 on 8/20/2020.  The Request for Administrative Review was placed in the mail on the same day.