Presentation to Secretary Bill Richardson (DOE) by Janet Michel (CHE)

November 30, 1998

 

 

There are a couple of people attending today who have not acted as our

advocates.  We are wondering why they have been asked to attend.  We

request that they not be allowed to speak during this time.

 

[I would only the say the following is pressed.]

{Dr. Caldwell has repeatedly said and written in the paper that everything

we have said or have reported to the Tennessean has been done to

financially devastate Oak Ridge AND that OR has the medical expertise to

evaluate our problems, which even our doctors say they do not have.  He met

with us last summer and promised to hold a continuing education/seminar for

area physicians on the sentinel medical events associated with the

toxicants that we could potentially be exposed to here.  To our knowledge,

this has never happened.}

 

After 3 years, this 30-minute meeting is a bit of an insult.  We fear that

you will use this event to show to the media and other public officials

that you are working on the issues and are showing concern for the ill

workers when in reality it can only be a cursory effort at best. The time

is inadequate for us to logically present the issue.  It does not allow

time for Q&A and a dialogue.  We respectfully request another meeting with

you for an adequate and fair amount of time allowed.  We would like to feel

that these serious issues get the attention they deserve.  We want to feel

assured that you have heard us and understand us.

 

 

 

 

 

Presentation to Secretary Richardson

 

 

November 30, 1998

 

 

by the

 

 

Coalition for a Healthy Environment

 

 

 

 

THE COALITION FOR A HEALTHY ENVIRONMENT'S (CHE) MISSION IS TO

 

o          Provide support to its members in all aspects of managing the problems

associated with declined health, loss of employment, and retaliation;

 

o          Educate its members, the public, and its legislative representatives;

 

o            Establish liaisons with other organizations interested in similar issues

and work those issues;

 

o          Monitor conduct of local industry where it relates to health, safety and

the environment;

 

o          Alert public officials, citizens and the media to unsafe and unhealthy

industrial practices;

 

o            Research environmental health, occupational medicine, and legal issues; and

 

o            Dedicate its efforts to reversing environmental degradation in the

central east Tennessee area.

 

o          Our members are employees, former employees, and area residents.

 

 

 

 

RECENT HISTORY OF EXPOSURE-RELATED ILLNESSES

 

o            Employee health concerns first reported to LM VP in March 1995

 

o          Many medical incident reports related to exposures have been filed

 

o            Employees requested a NIOSH evaluation.  NIOSH conducted an inadequate

and limited study, yet claimed conclusive results

 

o            Occupational physicians hired at DOE's request by LM 22 months ago still

have no answers.  They are not conducting testing that will increase the

chances of finding the answers.

 

o            Employees have been fired and experienced retaliation for expressing

concerns over health, safety, and illnesses. Fatalities and injuries have

resulted due to negligence by DOE and its contractors.  These could have

been avoided if employees were free to express concerns. Several people,

including those laid off, have lawsuits which they have been forced into,

in order to receive insurance benefits.

 

OUR MEDICAL DILEMMA

 

When someone has cancer or needs a knee operation, everyone understands

family, friends, doctors, and insurance companies. What we have is

politically incorrect.

 

o          There is evidence of environmentally induced disease clustering in Oak

Ridge and no rigorous clinical studies have ever been done.  Most studies

involved documenting off-site releases (i.e., epidemiology, dose

reconstructions, risk assessments) were directed by company officials, or

did not include physicians.

 

o          LM physicians were forbidden to test or diagnose any worker as having a

possible work-related illness.

 

o          Few physicians have any experience with clinical toxicology-none our area

and none in LM insurance providers' networks.  Some physicians have refused

to test employees for toxins and have refused to refer employees to

appropriate specialists.

 

o          DOE clinics are inadequate for health care for employees and in data

gathering.  This data has been used repeatedly in DOE-funded health

studies, which have shown no harm. 

 

o          Many employees have shown up with heavy metals in their bodies.  Lead is

the only metal standardized to the body.  More research is desperately

needed on other metals and multiple, low dose exposures.

 

o          LM insurance providers refuse to honor referrals to physicians with

experience in toxicology, hence effectively denying treatment to sick

workers and rendering their insurance virtually useless. [Because LM is

self-insured, all decisions and policy pronouncements by the insurance

providers are being directed by LM.]

 

o          People who have pursued medical attention have had to go into debt to see

physicians out of the area as their insurance has refused to pay for tests

which they claim are not standard tests or should be covered by workers' comp.

 

o            Requests to LM for workers compensation benefits have been denied.

 

o          Many workers are without long term disability benefits because the

insurance company has denied coverage presumably because it does not

understand the illnesses.

 

o          None of the nearby community people have received any kind of help,

advice, or guidance.

 

 

THE SOLUTION

 

HEALTH

 

Community-led, research-driven medical intervention funded by DOE that

involves the affected people and their advocates in the decision-making

process with no competition between other communities affected by the DOE's

activities.

 

Comprehensive testing, e.g. wider testing of Oak Ridge employees and

residents and comparative sampling of spouses of children (particularly

those who do not come into Oak Ridge) of affected employees.  This would

help to determine whether DOE is the major source of contamination.

 

Uninterrupted medical coverage for affected workers' lifetimes

 

Immediate compliance with occupational physicians recommendations for

entering K-25 vaults with proper respiratory protection.

 

Aggressively upgrade all DOE, on-site medical clinics.

 

 

ENVIRONMENT

 

Thorough and independent evaluation of the K-25 Site and environs to

identify, contain, and monitor ALL the hazards that endanger the citizens

of Tennessee

 

Aggressive and thorough clean-up of Oak Ridge and environs. Ensure that all

DOE sites are safe for employees and near by residents

 

 

 

INSTITUTIONAL

 

Ensure prompt and thorough compliance with Worker's Compensation laws.

 

Institute a moratorium on leasing of any K-25 facility until such

investigation and mitigation are complete.

 

Follow up and complete actions on the DNFSB's findings.

 

Aggressively de classify health-related documents and STOP the destruction

of classified documents. Documents recently declassified significantly

alter the risk assessment models that are the foundations of the standards

used to define operational parameters.

 

Institute the recommendations of the ATSDR and EPA regarding hazardous

waste incinerators.

 

Follow through on commitments made by DOE employees to the communities.

(e.g., Dr. Seligman was here over a year ago and we have heard nothing from

him.)

 

Accelerate independent oversight of DOE by EPA, NRC, and OSHA.

 

Strongly recommend to Congress that more research is needed on the hundreds

of toxicants in our workplaces.

 

Immediately stop the retaliation of whistleblowers particularly when their

activities relate to the health and safety.

 

 

 

 

Contacts

 

Harry Williams

CHE President                           423-693-7249               hwillia1@tds.net

 

Janet Michel

CHE Secretary, Past President            423-966-5918            jrmichel@icx.net

 

Cheryll Dyer

Past CHE Secretary                                  423-457-8322             cheryll@icx.net

==========================================

Background Material for Secretary of Energy Richardson

by the Coalition for a Healthy Environment

December 7, 1998

 

 

1.            Immediate and uninterrupted, life-time medical attention and treatment

 

We believe that all DOE/contractor employees across the nation should be

examined, tested, and treated immediately. The need for clinical

intervention and treatment for toxic exposures is an urgent matter. People

are ill and dying because they cannot inform their physicians of their

specific exposures, or their physicians do not know the proper testing and

treatment for their ailments. These people need the medical care that is

not available in their communities or in their insurance networks. DOE's

predecessor agencies conducted human experimentation on United States

citizens and workers.  The long-term consequences of work at DOE sites are

not known, though the likelihood of major illnesses is great.

Consequently, life-time medical coverage is needed.

 

 

2.         Initiate specific testing for all affected workers

 

This has not been done for the former workers who are ill, or the workers

still at the facilities. Known health hazards have been identified, yet

appropriate tissue testing for Beryllium, PCBs, heavy metals, mercury,

dioxins, mold/bacteria/fungi, etc. has not been conducted.

 

The ill workers requested specific testing nearly three years ago. The

management and physicians at K-25 did not heed these requests. Workers were

forced to proceed on their own for specific testing and have had to pay for

it out of their pockets. Insurance will not pay for many of these tests nor

will they pay for the treatment options that are available. The insurance

company states that, in many cases, the illnesses should be covered under

Worker's Comp. Other times, they state that the testing or treatments are

not covered under the company insurance plan. The company refuses to

acknowledge that the exposures and illnesses resulted from the workplace.

Thus, workers are left without an income and with having to pay for their

own medical attention and treatment. Many workers are without Long-Term

Disability benefits because the insurance company refuses their benefits.

 

The occupational physicians hired by LMES to support the workers did not

conduct any biological testing until almost two years after their initial

contact with the workers. Now that the workers have been off-site for

almost two years, biological sampling is being performed. Given the

extensive delay, we are convinced that little or no positive findings will

be identified from any of the testing. We perceive this to have been a

delay tactic by LMES in order to produce documentation that these employees

received no exposures. In addition, these same occupational physicians are

ignoring the recommendations of world-class experts on beryllium testing

and refusing to allow workers to proceed with additional testing.

 

 

 

 

3.         Upgrade on-site medical clinics and ensure safe work places.

 

There have been numerous problems with the on-site medical clinics,

particularly at K-25.  Recently, the ORNL clinic did not fare well under an

audit conducted by the AAAHC.  Examples of problems are: employees not

being provided copies of their complete medical records upon request;

employees not being allowed to enter relevant information into their

medical records; industrial hygiene not fulfilling promises to follow up on

employee concerns and monitor employee exposures; employees not being

informed of significant findings resulting from clinic tests; employees not

being allowed to leave the job site to report problems to the clinic;

 

Occupational physicians from Cincinnati and Boston have alerted management

at the K-25 Site that workers should not enter the K-25 U-vaults without

proper respiratory protection. When asked what exactly this meant, the

physicians responded that they should be in respirators with the proper

cartridges to avoid further exposure to these contaminants. The LMES/DOE

management still has not complied with this directive.

 

 

3.            Declassify all health-related documents immediately

 

This is extremely important in light of the fact that most employees are

not told to what they have been or may have been exposed. National security

classification is used as an excuse to prevent informing the workers, thus

"worrying them" and potentially dampening their enthusiasm for their work.

By Presidential Order, all documents must be declassified by the year 2000.

We consider their declassification a matter of the utmost urgency, as they

are central to the potential medical intervention and treatment of employees.

 

Also buried under classification are health studies that impact the

workers. The "Nickel Health Study" is one such example. Knowing the effects

of chemicals, metals, etc., by way of studies and not making this known to

the workers, who have been around the elements/materials, is negligent. All

workers must be told of the health hazards, both known and potential, of

all elements/materials that they are working with and around if that

element/material is in close proximity to the worker's area.

 

 

4.         No competition for resources between DOE sites

 

We have been in contact with several communities around DOE sites across

the country. Similar illnesses have been cited at these facilities. We are

asking for DOE to make all sites safe for employees and for the public

living near them. There should be proper controls in place to ensure safe

working environments and appropriate clinical intervention made available

for the ill workers and residents at each site. There are numerous

illnesses and symptoms, which could well relate to exposures to the

chemicals, heavy metals, PCBs, Beryllium, mercury, and radionuclides used

at DOE sites.

 

 

 

5.            Accelerate outside oversight of DOE

 

Accelerate the process of other agencies having oversight over DOE. EPA,

NRC, OSHA, the Tennessee State Department of Environmental and

Conservation, and other regulatory agencies must be allowed to have full

rein in order to make the companies contracting with or for DOE comply with

regulations. They must be allowed the power to enforce these regulations

and penalize them for violations of these regulations without the DOE being

given immunity or DOE giving immunity to those contractors.

 

 

6.            Decelerate Re-industrialization of K-25

 

Slow down, or stop altogether, the process of re-industrialization of K-25.

Businesses that are leasing the buildings at the K-25 Site are not being

informed about contaminants as a result of past practices in those

buildings. The buildings have not been adequately characterized as to their

hazards. Healthy workers are being exposed to contaminants including

radionuclides, heavy metals, PCBs, Beryllium, and chemical, without their

knowledge. Several times businesses have taken down the Radiological

Control Postings warning of contamination in the area because they didn't

want to worry their employees or potential clients.

 

The "strawman" reindustrialization marketing plan, issued by William

J.Biloski, Dir., Energy Systems Reindustrialization on 6/18/97, states that

the strategy is to "utilize DOE remediation requirements to bring in waste

management contractors and supporting industry clusters."  This development

approach has been strongly opposed by local citizens who see their

community becoming the target of multiple commercial hazardous/nuclear

waste facilities. Despite many requests, no one has ever investigated the

cumulative, synergistic effects of these contaminants concentrated in a

small area. Also, citizens and officials statewide have voiced concerns

about transportation of these materials on Tennessee's highways.

 

 

7.         Make CROET accountable to the public

 

This DOE/EM funded group is bringing in businesses to lease the buildings

at K-25 in return for cleaning the buildings up. In many cases, there are

known hazards that are ignored because the companies want to get rid of the

"scrap" or "waste" within their building. There have been instances where

radioactive contaminated scrap has been sent over a public road to the

"contaminated scrap metal yard" without the proper Radiological Controls or

surveys. There have been instances where employees have been radioactively

contaminated due to improper Radiological Controls being enforced and

because they were not told of the radiological hazards in the areas they

were working.   It appears that no one is in control of health and safety

at the K-25 site.

 

CROET is in a rush to lease and make money for DOE. CROET itself is also

profiting. Government regulatory agencies need to look into the CROET Board

and stop their "business-behind-closed-doors" policy. Members of the public

are unable to attend CROET meetings because they are not informed of the

dates/times.  CROET Board members are even being excluded from decisions.

CROET expressly operates as if it were the board of a private corporation,

even though it is funded entirely by public dollars.  Only members of the

Executive Committee are allowed to know the amount of the President's

salary or the lucrative "bonuses" he receives for each company he recruits.

 Board members are restricted from seeing lease agreements, and citizens

are rebuffed when they seek information.

 

The CROET board is dominated by narrow economic interests mainly linked to

DOE and the private waste management industry.  Of 40 seats on the board,

white males (as of early 1998) hold 94%.  Community grassroots

environmental groups and labor organizations were excluded in

CROET's formation from the outset.

 

Many of CROET's grant awards (give-aways of federal dollars) are highly

questionable.  For example, last year, the board approved giving $240,000

to the East Tennessee Environmental Business Association, a consortium of

100 waste management companies, including several multi-billion dollar

corporations.  The purpose of the funds was to hire a director for the

association and subsidize its marketing efforts. This is an egregious

example of corporate welfare.

 

 

8.            Recognize and comply with the Hall Amendment USC Title 42

 

DOE must recognize and comply with the Hall Amendment USC Title 42 - The

Public Health and Welfare, Chapter 84 - DOE, Subchapter VI - Administrative

Provisions, Part C, 42 USC 7256 (01/16/96)? The EPA recognizes this

Amendment, but DOE refuses to follow it. The leasing of contaminated

buildings at the K-25 Site is proceeding without proper requirements being

followed: specifically, Section C, Subsection (e), number 1 and 2.

 

 

9.         Install monitors for the assessment of heavy metals released from the

TSCA Incinerator

           

Install monitors for the assessment of heavy metals released from burning

of toxic metals in the TSCA Incinerator. We also ask that the monitors be

maintained in a properly working condition and that they accurately

record/report emissions. Also, we ask that continuous "real-time" air

emission monitors be installed so those months do not pass before knowing

the content of emissions. The Governor's Blue Ribbon Panel had an expert

testify that there should be this "real-time" continuous air monitoring.

The "models" used in permitting the Incinerator do not inform of current

emissions from the stack, nor whether or not they are hazardous to human

health and the environment. There is no conclusive evidence as to what

extent the PCBs, beryllium, heavy metals, various chemicals, and

radioactive materials are being destroyed nor as to what new compounds are

produced by the incineration process and disbursed into the atmosphere. By

DOE/LMES's own admittance, the TSCA Incinerator is an EXPERIMENTAL

Incinerator. Workers and citizens should not be exposed to possible

contaminants if the appropriate safety levels have not been established.

 

 

 

10.        Stop all retaliation of whistleblowers immediately

 

STOP the punishment of workers for their "Whistleblowing activities"

relating to the health, safety and security of themselves and their

fellow-employees. Several "Whistleblowers" are among the CHE membership.

Two DOE and contractor employees have been harassed and three fired because

they were trying to do their job by protecting the health, safety and

security of the workers. Joe Carson, Sherrie Farver, Ruth Murphy, Floyd

Glenn, Ann Walzer, and Dennis McQuade were in positions designated

expressly to protect the workers. They are no longer in these positions

because of management's judgement to either impair their functionality or

eliminate them by firing them from the system. Workers are entitled to

protection under the Occupational Safety and Health Administration laws and

regulations. Fatalities and injuries have resulted due to negligence by

LMES/DOE and its subcontractors. These fatalities and injuries could have

been avoided if the "whistleblowers" were allowed to conduct their duties

in protecting the health and safety of the workers.