From left to right: Vina Colley, Mike Tulloh from the Portsmouth Gaseous Diffusion Plant located in Piketon, Ohio; various Hanford representatives from the Hanford Nuclear Reservation located near Richland, Washington. Not pictured is Gene Ferrell from the Portsmouth, Ohio site. Former Energy Secretary Hazel O'Leary was the guest speaker during a National Press Conference held in Washington, D.C. June 10, 1994. Workers from many US Department of Energy (DOE) nuclear sites were invited to testify about the safety and health problems that the DOE still refuse to acknowledge.

Secretary O'Leary directed Robert (Bob) Alvarez (lead aide and advisor) to investigate the findings of fact regarding the abuse Vina had been subjected to by the DOE and contractor agents. Mr. Alvarez’s supervisor, Secretary O’Leary, instructed him to take care of the injustices Vina had encountered. To this day, Mr. Alvarez has not complied with the Secretary’s instructions. Secretary O’Leary asked Vina to release the evidence of wrongdoing to Mr. Alvarez that I was holding in my hands.

Vina was "laid-off" in 1987. All her benefits including her retirement and medical benefits were, also, terminated. The most destructive impact was the deterioration of her health including bouts with pre-cancerous tumors that required surgical removal because of the danger that her physicians believed posed a threat to her survival. Vina has been chronically exposed to radiation and dangerous carcinogens that are often referenced by workers as being "toxic soup" exposures. The US Department of Labor (DOL) administrators of the Final Adjudication Board (FAB) have dismissed Vina’s meritorious claims that were suppose to be fairly and timely weighed in accordance with the dysfunctional "Energy Employees’ Occupational Illness Compensation Program Act of 2000." The FAB administrator asked her to sign a waiver that states she agrees to waive her civil rights which she has declined. Since the 1980s, Vina established her National Advocate status when she chose to lobby for her position regarding justice and compensation for the sickened workers in Washington, D. C.

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Mission Statement
The National Nuclear Workers for Justice (NNWJ) represents a broad-based network of individuals and
          organizations who exchange information and compare situations. The objective is to gather findings of fact
          relative to the adverse human health effects caused by acute, chronic, and potential exposure to abnormally
          dangerous radioactive substances and chemicals. The NNWJ actively seeks to expose all human health effects caused
          by toxic exposure to environmental poisons that were “hidden” from the workers and the public during and after
          the government officials implemented their national security goals. By 1943, the United States government was
          in a race with the Germans to produce a weapon capable of  mass destruction. The lethal and disabling human health
          effects are caused by the production of nuclear weapons.

          The NNWJ will listen and include any individual(s) who believe their toxic exposures adversely affected their
          health and that of their families and neighbors. The NNWJ joinders pledge that we will move forward to assure that
          equitable and timely justice is properly administered in accordance with American law. The “Energy Employees’
          Occupational Illness Compensation Act of 2000” is the law  regardless of its dysfunctional state. This American law
          has failed to provide assistance to those who the government officials said deserve recognition.

          The NNWJ joinders encourage thousands of retired or active nuclear facility workers to voice your concerns.
          The government officials promised the claimants they would not be expected to confront government employees
          whose opinions suppress the intent of Congress. This American law and the President’s “Executive Order”
          mandated the delegated administrators, the US Department of Labor’s (DOL), the US Department of Energy’s (DOE),
          and the US Health and Human Service’s Secretaries, to respect and aid each claimant in a compassionate manner
          while observing the Privacy Act protection laws. Instead, the agency employees mean to contradict the intent of
          Congress and the President’s mandates. The President’s directives are incorporated in “Executive Order” No.
          13179, filed with the US Federal Registry December 7, 2000. Meritorious claims have actually been dismissed by
          the non-credentialed DOL, DOE, and HHS employees who are permitted to determine what agency discovery is
          applicable. Most agency employees choose to assess inaccurate and incomplete DOE accountability. The agency
          employees are allowed to select the records they feel are pertinent which often have no relevancy to individual
          causation, findings of fact, or conclusions of law. The NNWJ believes the workers are the most knowledgeable
          witnesses to affirm the “50 percent or greater probability” of causation or the “more/as likely than
          not” toxic exposure evidence.

          By July/November 1999 and formally by April 2000, the government leaders admitted liability for their nuclear
          facility caretakers’ negligence and abuse that caused death, disease, and suffering for untold numbers of
          workers and their families. By this same period of time, the government officials announced to the public that the
          “government” assumed “burden of proof” responsibility. Whole families are being annihilated.

          While it is true that all injured workers were closest to the source of deliberate experimental and accidental
          exposures, the same toxic effects migrated off-site to expose their families and neighbors the NNWJ refer to as
          upwinders or downwinders. The findings of fact disclose the workers carried the contaminants home to expose their
          families and neighbors. Twenty four hours a day, seven days a week, the communities near all nuclear facilities
          are exposed to the same occupational exposure levels. The  NNWJ shall rally around the Hanford downwinders; the
          Nevada Test Site (NTS) downwinders, and all other affected downwinders. Congress must finally recognize
          that each “Special Exposure Cohort” downwinder group should, also, be permitted to receive medical assistance
          and compensation. The EEOICPA regulation is an entitlement law that should include the exposed off-site
          populous. By comparison, the 1990 Radiation Effects Compensation Act (RECA) as amended by Congress in July
          2001 (an appropriations Act), permits uranium miners and affected off-site downwinders to apply for the $100,000
          RECA provision or the $50,000 EEOICPA provision.

          The NNWJ will work to expose the many flaws that renders  the EEOICPA regulation useless for the majority of the
          claimants. All workers performed their duties as peers that the EEOICPA writers should have designated are
          "Special Exposure Cohorts." The problem lies in the fact that the regulators only agreed to recognize one peer
          group. Congress provided a provision that would allow other "Special Exposure Cohort" groups to file a
          petition. However, the DOL and HHS employees bar any other “Special Exposure Cohort” group of peers from
          requesting recognition of their lawful petition.

          The Federal government admitted in 1999 that nuclear  workers had been placed in "harm's way" at all the DOE
          and US Department of Defense (DOD) nuclear sites. The  workers were deliberately exposed to abnormally dangerous
          radioactive material and hazardous chemicals without their consent or knowledge. Information regarding what
          the workers were exposed to is still withheld by the DOE  which the agency and Congress knows is a violation of
          federal law. Our own government withheld information from  the workers and downwind communities that prevented
          individuals from protecting themselves and their families.

          Why did the EEOICPA regulation only address radiation,  beryllium, and silica exposure? The regulation fails to
          consider the severe human health effects and death that are attributed to the "toxic soup(s)" and/or chemical
          exposures. For instance, the uranium production workers have been exposed to a "toxic soup" by-product, uranium
          hexafluoride, that is known to be a cancer-causing agent. The NNWJ joinders recognize the significance of each DOE
          facility’s large signature emissions -- i.e., uranium enrichment is dominated by fluorides toxic exposure
          causing many to be sickened by its toxic human health effects. Depending on which DOE facility is referenced,
          approximately 400 or more carcinogens are characterized as human toxins. Material Safety Data Sheets (MSDS) are
          mandated by nuclear facility procedure and law to be readily available for the purpose of determining the
          adverse health effects and risk caused by exposure to a carcinogen. The MSDSs are suppose to be posted in a
          prominent location within the nuclear facility for easy reference by the employees and emergency response teams.
          Quick response to the MSDS emergency treatment is meant to save lives. For instance, certain chemicals used to
          dilute radioactive material are treated as hazardous  waste(s) that are known to cause death, disease, and
          suffering. Congress should have included a variety of debilitating health effects caused by chemical injuries
          such as chronic fatigue; long-term management of body burdens; nervous system disorders; severe immune system
          disorders; loss of quality of life; medical costs and financial burdens that impact whole families; and etc.
          The NNWJ will recognize and address the many deficiencies  that the existing Workers’ Compensation Act represents to
          the workers or their families.

          The diagnosis of all types of cancers are relevant. Various types of cancer can metastasize to other parts of
          the body.

          The delegated DOL, DOE, HHS, and all other government entities, have failed to comply with the EEOICPA mandates
          as intended by Congress. The Act was overwhelmingly approved by Congress October 31, 2000, nearly two years
          ago. For years, the workers informed the DOE of the related safety and health problems; but the agency chose
          to ignore their contractors’ and their own violations of  the environmental and employee protection laws. The
          Atomic Energy Commission aka DOE sanctions their contractors’ negligence and abuse since 1943. In the year
          2002, Congress asked the DOE why their delegates have not complied with the EEOICPA mandates that require
          implementation of the provisions outlined in Section D. Section D covers the re-assessment of certain denied
          State workers’ compensation claims. To this day, the intent of Congress is effectively suppressed by the DOL,
          DOE, and HHS delegates. The NNWJ joinders shall collectively work to reverse this non-compliant
          observation and will strive to expose the individuals or government bureaucracy that are responsible.

The delegated DOL, DOE, and HHS agency Secretaries elected to assign credentialed and unknowledgeable "examiners and/or caseworkers" to confront each claimant. For the most part, the DOL, DOE, and HHS employees
are adversarial. The reasons given by the DOL employees who recommend dismissal of meritorious claims is no way to properly evaluate or adjudicate the "50 percent or greater probability" of causation. A reliable adjudication
process is not one-sided with the potential agency defendants in control. At present, the potential agency defendants acknowledge they have serious conflict of interests. However, the agency Secretaries allow their employees
to enforce their adversarial and complicated Interim Regulations. Obviously, the agency’s contrary Interim Regulations are meant to replace American law. The agency adjudicators fail to recognize the Federal Rules of Civil
Procedure (FRCP). The agency Secretaries permit their employees to assume the role of judge, jury, and executioner. The FRCP guidelines were established by the US Supreme Court for all involved Parties to observe when applying any
civil law standard. The intent of Congress is effectively suppressed by the current DOL, DOE, and HHS Secretaries who were mandated to administer the existing EEOICPA in a just, equitable, and timely manner. However, at the
onset, the Act was rendered dysfunctional and only covers a few standards that the agency employees are oriented to believe are interpretive. In other words, the Act does not benefit the majority of the claimants. The Act is
designed to benefit only selected workers who were/are actually co-workers that performed the same duties, in the same location as the other affected workers. The impact caused by discrimination is widespread by now. The
workers offer expert accountability regarding unsafe practices and poor working conditions at all DOE sites. The NNWJ believe the workers are much more reliable historians than the unknowledgeable DOL, DOE, and HHS
caseworkers. The DOE’s personnel archives are known to be incomplete, altered, destroyed, or nonexistent which is verified by the President and Congress.

          The NNWJ joinders expect our elected government leaders to sit down with us and explain why any meritorious claim
          is dismissed. The NNWJ believe the agency administrators have failed to assist all occupationally injured workers
          or their families in a just and timely manner. The NNWJ joinders will effectively work to disclose the truth to
          the public at large and/or the taxpayer. The government officials and Congress decided to approve the EEOICPA law
          that was suppose to provide aid for the occupationally  injured nuclear workers or their families. The government
          leaders assumed “burden of proof” responsibility by April 2000 which was not suppose to be shifted back to the
          claimant after July 31, 2001. Instead, the many obstacles that the surviving workers and their families are forced
          to confront are sanctioned by the DOL, DOE, and HHS Secretaries. Obviously, the agency Secretaries never
          intended to properly train their staff or scrutinize their employees’ poor performance, poor judgment, and
          poor reasoning.

          The NNWJ hereby establishes this opportunity to broaden the qualifying sections of the EEOICPA as amended by
          Congress in order to include every single Cold War “veteran” whom the President said were/are “courageous"
          Americans. Certain Congressional EEOICPA mandates are not even functional. We ask, how can we "fix" this travesty
          that effects thousands of nuclear workers, their families, and their communities. All those affected by
          exposure to nuclear toxins on-site or off-site are classified as either upwinders or downwinders.

          It is time for all government agency administrators and their non-credentialed employees to live up to their
          moral, ethical, and legal obligations that command just, equitable, and timely assessment of the findings of fact
          and conclusions of law.

          The NNWJ joinders invite all grassroots' victims to speak for themselves by posting their exposure history, anomaly
          events, any concerns, and any/all consequences they believe are true and accurate to the best of their
          knowledge. The NNWJ invite the “veterans – survivors –downwinders” to list your related medical conditions. The
          NNWJ invites all claimants to share any concerns you may  have regarding the way you feel the EEOICPA
          administrators suppress the intent of Congress and your civil rights.


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