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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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