May 18th House Resolution on DOE Worker Compensation

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SEC. XX. SENSE OF CONGRESS REGARDING COMPENSATION AND HEALTH CARE FOR 
PERSONNEL OF THE DEPARTMENT OF ENERGY AND ITS CONTRACTORS AND VENDORS WHO 
HAVE SUSTAINED BERYLLIUM, SILICA, AND RADIATION-RELATED INJURY. 

It is the sense of Congress that-- 

(1) Since World War II Federal nuclear activities have been explicitly 
recognized by the United States Government as an a ultra-hazardous activity 
under Federal law. Nuclear weapons production and testing involved unique 
dangers, including potential catastrophic nuclear accidents that private 
insurance carriers would not cover, as well as chronic exposures to 
radioactive and hazardous substances, such as beryllium and silica, that even 
in small amounts could cause medical harm. 

(2) Since the inception of the nuclear weapons program and for several 
decades afterwards, large numbers of nuclear weapons workers at Department of 
Energy and at vendor sites who supplied the Cold War effort were put at risk 
without their knowledge and consent for reasons that, documents reveal, were 
driven by fears of adverse publicity, liability, and employee demands for 
hazardous duty pay. 

(3) Numerous previous secret records documented unmonitored radiation, 
beryllium, silica, heavy metals, and toxic substances' exposures and 
continuing problems at the Department of Energy and vendor sites across the 
country, where since World War II the Department of Energy and its 
predecessors have been self-regulating with respect to nuclear safety and 
occupational safety and health. No other hazardous Federal activity has been 
permitted to have such sweeping self-regulatory powers. 

(4) The Department of Energy policy to litigate occupational illness claims 
has deterred workers from filing workers compensation claims and imposed 
major financial burdens for workers who sought compensation . Department of 
Energy contractors have been held harmless and the Department of Energy 
workers were denied workers compensation coverage for occupational disease. 

(5) Over the past 20 years more than two dozen scientific findings have 
emerged that indicate that certain Department of Energy workers are 
experiencing increased risks of dying from cancer and non-malignant diseases 
at numerous facilities that provided for the nation's nuclear deterrent. 
Several of these studies also establish a correlation between excess diseases 
and exposure to radiation, beryllium, and silica. 

(6) While linking exposure to occupational hazards with the development of 
occupational disease is sometimes difficult, scientific evidence supports the 
conclusion that occupational exposure to dust particles or vapor of 
beryllium, even where there was compliance with the standards in place at the 
time, can cause beryllium sensitivity and chronic beryllium disease. 
Furthermore, studies indicate than 98 percent of radiation induced cancers 
within the Department of Energy complex occur at dose levels below existing 
maximum safe thresholds. Further, that workers at Department of Energy sites 
were exposed to silica, heavy metals, and toxic substances at levels that 
will lead or contribute to illness and diseases. 

(7) Existing information indicates that State workers' compensation programs 
are not a uniform means to provide adequate compensation for the types of 
occupational illnesses and diseases related to the prosecution of the Cold 
War effort. 

(8) The civilian men and women who performed duties uniquely related to the 
Department of Energy's nuclear weapons production and testing programs over 
the last 50 years should have efficient, uniform, and adequate compensation 
for beryllium-related health conditions, radiation-related health conditions, 
and silica-related health conditions in order to assure fairness and equity. 

(9) This situation is sufficiently unique to the Department of Energy's 
nuclear weapons production and testing programs that it is appropriate for 
Congressional action this year. 

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