How to Check the Status of a Petition

NIOSH oversees the SEC petition process. The process is intended to be complete, independent, and open to all interested individuals.

We make every effort to ensure that SEC petitioners and members of the public are kept informed about and are included in the process.

SEC petition status information is available on this page and a NIOSH SEC Petition Counselor and Ombudsman are available to assist petitioners.

 

SEC Petition Status Table

Checking the SEC Petition Status Table is one way that petitioners and other interested parties can find out the general status of SEC petitions at NIOSH. The SEC Petition Status Table gives the site name, petition number, location, employee class, and status of petitions in the SEC process.

Filtering Results by Column Headings

You can sort the petitions by clicking on the column headings (Figure 1). For example, if you click on the Site column, you can sort the petitions alphabetically by the work site name.

Figure 1: Screenshot of column headings

 

Column Headings:

• Site: name of the work site
• ID: identification number given to the SEC petition
• Location: the city and state where the work site is located
• Employee Class: a description of a group of employees proposed by either the petitioner or NIOSH for inclusion in the SEC
• Status: where the petition is in the SEC petition process (see the Petition Status Definitions below for an explanation of each stage/step)

Using the Search Feature

The search field is above the table on the right (Figure 2). Type any details you know about the petition in the search field.

Figure 2: Search engine field

 

Suggested Search Terms

• Petition identification number (identification number given to the SEC petition)
• Work site name (Nevada Test Site)
• Location (city or state)
• Specific terms (such as sheet metal workers, statisticians, thorium)
• Petition status terms (added, qualified for review, did not qualify – see the Petition Status Definitions section for a complete list)

Please Note: If you type a term such as “Added” you will get all petitions with a status of “Added” but also those with the word “Added” in the status (Qualified, Not Added).

Petition Status Definitions

The status column on the table shows where the petition is currently in the process. Type any of the terms in bold below into the Search field on the SEC Petition Status Table. All petitions with that status will be displayed.

Qualification Stage

• Qualification Review: NIOSH is reviewing the petition to see if it qualifies for evaluation. If the petition qualifies, it will receive a full evaluation by NIOSH, the Advisory Board on Radiation and Worker Health, and the Secretary of the Department of Health and Human Services.
• Qualified for Evaluation: The petition has qualified for evaluation and will continue in the process. It will receive a full evaluation by NIOSH, the Advisory Board on Radiation and Worker Health, and the Secretary of the Department of Health and Human Services.
• Did not Qualify: The petition did not qualify for evaluation. This may be because the petitioner did not respond within 30 days to a letter from NIOSH documenting deficiencies in the petition, or because additional information submitted still did not provide the documentation necessary for the petition to qualify.
• NIOSH Admin Review: The petition did not qualify for evaluation, but the petitioner disagreed with NIOSH’s findings and asked for an Administrative Review of the decision. Three HHS employees who were not involved in the original decision have been appointed by the Director of NIOSH to conduct the Administrative Review.

Evaluation Stage

• NIOSH Evaluation: NIOSH is evaluating the petition to see if the proposed class meets the requirements for a class to be added to the SEC. The evaluation is a fair, science-based determination of whether it is possible to complete dose reconstructions for the proposed class. NIOSH documents its findings in an SEC Petition Evaluation Report. NIOSH will present the report to the Advisory Board in a public meeting that petitioners and other interested parties can attend.
• Board Review: The Advisory Board on Radiation and Worker Health has received the SEC Petition Evaluation Report from NIOSH, will review it, and will send its recommendation to the Secretary of Health and Human Services.
• HHS Review: The Secretary of the Department of Health and Human Services is reviewing all of the information submitted for the petition and will submit a decision to Congress. The Secretary’s decision takes effect in 30 calendar days after it is submitted to Congress, unless Congress states otherwise.
• HHS Admin Review: The petitioner has disagreed with the decision by the Secretary of the Department of Health and Human Services (HHS) to not add the proposed class to the SEC and requested an HHS Administrative Review of this decision. A panel appointed by the Secretary, made up of three HHS employees who are independent of NIOSH, is reviewing the petition.

Decision Stage

• Added: The petition completed the qualification and evaluation process by NIOSH, the Advisory Board on Radiation and Worker Health, and the Secretary of the Department of Health and Human Services. The class was added to the SEC.
• Qualified, Not Added: The petition met the minimum requirements to qualify for evaluation and was evaluated by NIOSH, but the proposed class was not added to the SEC. This may be due to any of several reasons: the site was de-listed (removed from the Department of Energy covered facilities list); NIOSH cannot estimate with sufficient accuracy the radiation dose that the class received; or the supporting evidence does not show that the radiation dose that the class received endangered their health.
• Contested: The petitioner has disagreed with either of these:
  • The decision by NIOSH that the petition did not qualify for evaluation (therefore, the petitioner can request a NIOSH Administrative Review)
  • The final decision by the Secretary of the Department of Health and Human Services (HHS) to not add the proposed class to the SEC (therefore, the petitioner can request an HHS Administrative Review).

Finding More Detailed Information

Find the most detailed SEC petition information by clicking on the work site link (Figure 3). The link takes you to the work site SEC section with more information on the petition.

Figure 3: Screenshot of the Site column heading. Click on the link to go to the work site page.

 

Using the Show Entries Feature

You can choose how many results you want displayed on the page (10, 25, 50, 100, or all petitions). Select how many you would like to display by clicking on the Show entries drop down box (Figure 4).

Figure 4: Show entries feature

 

Use the table navigation at the bottom of the table (Figure 5) to go to the next or previous page or select a specific page.

Figure 5: Table navigation

 

 

Work Site Pages

Another way to find the status of SEC petitions is to look on our work site pages. The Work Site Index page includes all sites for which we have information. If there is a petition for the site, it will be under the SEC section of the page.

The following types of information can be found in the SEC section:

• Petition information (location, job titles and/or job duties, and period of employment)
• Federal Register Notices announcing any of the following:
  • Petitions that have met the minimum qualifications for review and evaluation
  • The designation of classes of employees for addition to the SEC
  • The final effect of designation of a class of employees for addition to the SEC
• Copies of the petitions received
• SEC Petition Evaluation Reports
• Dates that petitions will be/were discussed by the Advisory Board on Radiation and Worker Health (the Board)
• Advisory Board on Radiation and Worker Health (Board) recommendations on SEC petitions
• Secretary of the Department of Health and Human Services (HHS) letters to Congress regarding the SEC petitions
• HHS designations of additional members to the SEC and other determinations
• Effective dates for SEC classes
• Letters to the Department of Labor regarding the addition of new classes of employees to the SEC
• Comments on documents related to the petitions
• Board meeting information to discuss the petitions (dates, agendas, and transcripts)

NIOSH SEC Petition Counselor

If you have questions about a petition, you can also contact the NIOSH SEC Petitioner Counselor, Joshua Kinman. Mr. Kinman provides petition status and advice to those interested in submitting a petition. He has been with NIOSH since May 2005 and has worked in DCAS on the SEC Team since July 2006. He became the NIOSH SEC Petition Counselor in January 2011. More information on how the petition counselor helps claimants can be found on the Who to Contact for Help with SEC Petitions page.

You may contact Mr. Kinman by calling 513-533-6831 or toll-free at 1-877-222-7570, or by email at jkinman@cdc.gov.

 

NIOSH Ombudsman

Denise Brock is a Consultant/Ombudsman to NIOSH under the Act (EEOICPA). She helps individuals with a variety of issues that involve the SEC petition process. Ms. Brock has built a strong working relationship with the Department of Labor’s Ombudsman’s Office, District Offices, and National Office in an effort to help the claimant community. More information on how the ombudsman helps claimants can be found on the Who to Contact for Help with SEC Petitions page.

You may contact Ms. Brock by calling toll-free at 1-888-272-7430 or by email at CKO7@cdc.gov.