ALLIANCE OF NUCLEAR WORKER ADVOCACY GROUPS

Coalition for a Healthy Environment, Knoxville, TN, Harry Williams
865-693-7249
United Nuclear Weapons Workers, St. Louis, MO, Denise Brock 636-366-4428
Grassroots Organization of Sick Workers, Craig, CO, Terrie Barrie 970-824-2260
Tri-Valley CAREs (Communities Against a Radioactive Environment), Inga
Olson 925-443-7148


VIA FAX
January 14, 2005

The Honorable Elaine Chao
U.S. Department of Labor
Frances Perkins Building
200 Constitution Ave., NW
Washington, DC 20210

Dear Secretary Chao:

The Alliance of Nuclear Worker Advocacy Groups (ANWAG) respectfully request
a teleconference to discuss the concerns with policies and approaches DOL
may be considering as it moves forward with Subtitle E of the Energy
Employees Occupational Illness Compensation Program Act (EEOICPA). ANWAG
members possess years of experience in compensation issues, worker
advocacy, medical issues and the unique working conditions present at the
Department of Energy sites. To facilitate this meeting, we have identified
the types of issues that we would like to discuss:

1. Impairment--How does DOL plan to address the issue of compensating
claimants for deteriorating levels of impairment over time? How frequently
can a claimant file with respect to a change in impairment? To what extent
are DOL representatives trained to assess the level of impairment?  For
example, do they account for disability from being able to perform the job
for which the worker is qualified trained in assessing the level of
impairment, as opposed to simply impairment from activities of daily living?

2. How will levels of impairment be determined for diseases or conditions
not listed in the AMA guidelines? What is meant by the term "minimum
impairment level."

3. Site Profiles--How will DOL develop site profiles to characterize toxic
substances at DOE facilities, for which sites, and what is the timetable
for completing them? What role will there be for worker input into these
site profiles?

4. Standard of Causation--How will DOL interpret the Subtitle E standard of
causation for cancer cases related to radiation exposure? Will it be the
same threshold as Subtitle B, or, due to the fact that Subtitle E has a
lower bar than Subtitle B, will DOL set forth a different standard of
causation? How will DOL account for other carcinogens (solvents, e.g) and
radiation. What process will DOL follow to seek input from the scientific
and claimant community in setting forth the thresholds for compensibility?

5. Ombudsman--What will be the budget, scope, breadth of responsibilities
of the Office of Ombudsman, inasmuch as the legislation doesn't provide a
high level of detail and affords DOL discretion. Has DOL set forth
qualifications for the Director of the Office of Ombudsman? ANWAG members
will be served by this Office, and we would like to discuss the qualities
we think are important in an appointee.

Because of our experience in these areas, our goal is to offer substantive
recommendations that will ensure a successful Department of Labor program.
Your earliest response to this request would be greatly appreciated.

Sincerely,




Terrie Barrie,
for Members of ANWAG