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.