How to Submit an SEC Petition

The Procedures for Designating Classes of Employees as Members of the SEC (42 Code of Federal Regulations, Part 83) [132 KB (13 pages)] describe how individuals and/or organizations can file a petition to add a class of employees to the SEC. Topics from these procedures are covered below such as: who can submit a petition to add a class of employees to the SEC, when petitions can be submitted, petition instructions and forms, steps in the petition process, petition requirements, and requirements for a class to be added to the SEC. Information on who to contact with questions and where to find additional information on the procedures is also provided.

Who can Submit a Petition

The petition itself can represent an unlimited number of employees from the same facility. However, only one to three individuals can submit a petition and serve as the contact for the class.

The individual(s) must fit in one of the following categories:

• DOE, DOE contractor or subcontractor, or AWE employees, who would be included in the proposed class of employees, or their survivors
• Labor organizations representing or formerly having represented DOE, DOE contractor or subcontractor, or AWE employees, who would be included in the proposed class of employees
• Individuals or entities authorized in writing by one or more DOE, DOE contractor or subcontractor, or AWE employees, who would be included in the proposed class of employees, or their survivors*

*The SEC Petitioner Authorization Form (required to petition on another’s behalf) can be found in the SEC Petition Instructions & Petition Forms section on this page.

When can SEC Petitions be Submitted

Petitions may be submitted at any time. For example, a petition may be filed:

• after NIOSH has notified the claimant in writing that a dose reconstruction could not be completed for their case because there is insufficient information to estimate the radiation dose with sufficient accuracy; or
• at any other time. For example, a petition can be submitted on behalf of a class of employees even before they have filed claims with DOL under The Act or before the members of the class are diagnosed with cancer. There is no “waiting period” to submit a petition.

SEC Petition Instructions & Petition Forms

The petitioner must send a petition in writing to NIOSH to be considered for inclusion in the SEC. To qualify for evaluation, petitions must include complete information according to the instructions discussed in section 83.9 of 42 CFR Part 83 or on the optional petition forms below.

Although not required, optional petition forms are provided below to assist individuals with submitting a petition. 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. An authorization form is also provided for those wishing to submit a petition on another’s behalf.

SEC Petition Form Types

• SEC Petition – Form A [103 KB (2 pages)]
  42 CFR Part 83.14
  Complete SEC Petition – Form A if the NIOSH has reported to you in writing that it cannot complete the dose reconstruction needed for your cancer claim.
• SEC Petition Form B [176 KB (13 pages)]
  42 CFR Part 83.13
  If NIOSH has not reported that it cannot complete the dose reconstruction needed for your cancer claim in writing to you, submit SEC Petition – Form B.
  SEC Petition Form B Instructions [195 KB (10 pages)]
• SEC Petitioner Authorization Form [53 KB (2 pages)]
  If you wish to submit a petition to add a class of employees to the SEC and you are not either a member of that class, a survivor or a member of that class, or a labor organization representing or having represented members of that class, then you must submit the SEC Petitioner Authorization Form. Written authorization from either an employee who is a member of the class or a survivor of such an employee is required.

The forms above can also be requested by contacting NIOSH Toll-Free at 1-877-222-7570 and asking to speak to a DCAS representative.

Submit Completed Petitions To:

SEC Petition
NIOSH DCAS
1090 Tusculum Avenue, MS-C47
Cincinnati, Ohio 45226
Fax: (513) 533-6826

Additional information on submitting petition forms can be found on the Frequently Asked Questions (FAQs) Special Exposure Cohort (SEC) page of our website under the SEC Petition Forms section.

Steps in the SEC Petition Process

The steps in the petition process are summarized below:

1. A petition is submitted to NIOSH.
2. The petition then goes through a qualification stage to ensure that the petition meets all of the minimum requirements for review and evaluation.
3. 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.
4. NIOSH evaluates the petition and develops an SEC Evaluation Report detailing the findings.
5. NIOSH sends the report to the Advisory Board and to the petitioner(s).
6. 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.
7. The Advisory Board provides a recommendation to the Secretary of Health and Human Services (HHS).
8. The Secretary of HHS reviews all of the information and makes a final decision.
9. The Secretary of HHS submits the final decision to Congress.
10. Congress reviews the Secretary of HHS’ final 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 final decision.
11. The Secretary of HHS sends the Department of Labor (DOL) a report providing the final decision on the petition after the Congressional review period.

Additional information on the SEC Petition Process can be found on the Frequently Asked Questions (FAQs) Special Exposure Cohort (SEC) page of our website.

Minimum Requirements for a Petition to Qualify for Evaluation

The steps in the petition process are summarized below:

1. The claimant’s authorization of the petition, based on NIOSH having found it could not complete a dose reconstruction for the claimant submitting the petition;

   or

2. A proposed class definition identifying:
   • Facility
   • Relevant locations at the facility
   • Job titles/duties
   • Period of employment
   • Exposure incident, if relevant.

   The basis for infeasibility of dose reconstruction; either:

   • Lack of monitoring; or
   • Destruction, falsification, or loss of records; or
   • Expert report; or
   • Scientific or technical report.

Note: Although an SEC petition may meet the minimum requirements to qualify for evaluation, this does not mean that the class will be added to the SEC. Meeting the minimum requirements for evaluation just means that the petition will continue in the SEC petition process. The petition will receive a full evaluation by NIOSH, the Board, and HHS.

Requirements for a Class to be Added to the SEC

1. The class must petition to be added to the SEC;
2. HHS must obtain the advice of the Advisory Board on Radiation and Worker Health;
3. 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 the radiation dose may have endangered the health of members of the class; and
4. A recommended decision by HHS to add a class to the SEC must be submitted to Congress. Unless Congress takes action, the recommendation will take effect 30 days after it has been sent to Congress.

Who to Contact for Help

Joshua Kinman is the NIOSH SEC Petition Counselor. He is available to help individuals interested in the petition process to add classes of employees to the SEC. You may contact Mr. Kinman by calling him at 513-533-6831 or toll-free at 1-877-222-7570, or by email at jkinman@cdc.gov.

Denise Brock is the Ombudsman to NIOSH under The Act. She also helps individuals with a variety of issues about the SEC petition process and the dose reconstruction process. You may contact Ms. Brock by calling toll-free at 1-888-272-7430 or by email at CKO7@cdc.gov.

Additional information on the SEC is also available on the Special Exposure Cohort (SEC) main page and the FAQs: Special Exposure Cohort (SEC) page.