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Presidential Advisory Committee 1 Department of Health and Human Services Centers for Disease Control and Prevention (CDC) National Institute for Occupational Safety and Health 1 (NIOSH) Advisory Board on Radiation and Worker Health 2 3 4 VOLUME I 5 6 7 The verbatim transcript of the Meeting of the Advisory Board on Radiation and Worker Health 8 held at the Washington Court Hotel, 525 New Jersey Avenue, N.W., Washington, D.C., on May 2 and 3, 9 2002. 10 NANCY LEE & ASSOCIATES Certified Verbatim Reporters P.O. Box 451196 11 Atlanta, Georgia 31145-9196 (404) 315-8305 12 13 C O N T E N T S 2 Vol. I Registration and Welcome Dr. Paul Ziemer, Chair 1 Mr. Larry Elliott, Executive Secretary. .8 Welcome and Opening Remarks Dr. Kathleen Rest, NIOSH . .11 2 Review and Approval of Draft Minutes Dr. Paul Ziemer, Chair. 18 3 Program Status Report Mr. Larry Elliott, Executive Secretary . .36 Changes to Probability of Causation Rule 4 (42 CFR Part 82) Mr. Ted Katz, NIOSH . 70 NCI-IREP 5 Dr. Charles Land, NCI . 82 NIOSH-IREP in use by DOL Dr. Mary Schubauer-Berigan, NIOSH . .115 6 Mr. Russ Henshaw, NIOSH . .176 Topics for Future Discussion Dr. Paul Ziemer, Chair . 193 7 Public Comment . 207 Discussion of Changes in the Rule . .216 8 Adjourn . .223 9 10 11 12 13 C O N T E N T S 3 Vol. II Registration and Welcome Dr. Paul Ziemer, Chair Mr. Larry Elliott, Executive Secretary . 227 1 Administrative Housekeeping Ms. Cori Homer, NIOSH . .227 2 Discussion of Rules. 237 Legislative History Dr. David Michaels, George Washington University. .268 3 Public Comment Period . .327 Adjourn . .344 4 5 6 7 8 9 10 11 12 13 P A R T I C I P A N T S 4 CHAIR ZIEMER, Paul L., Ph.D. Professor Emeritus 1 School of Health Sciences Purdue University Lafayette, Indiana 2 EXECUTIVE SECRETARY ELLIOTT, Larry J. Director, Office of Compensation Analysis and Support National Institute for Occupational Safety and Health 3 Centers for Disease Control and Prevention Cincinnati, Ohio 4 MEMBERSHIP ANDERSON, Henry A., M.D. Chief Medical Officer 5 Occupational and Environmental Health Wisconsin Division of Public Health Madison, Wisconsin 6 ANDRADE, Antonio, Ph.D. Group Leader Radiation Protection Services Group Los Alamos National Laboratory 7 Los Alamos, New Mexico DeHART, Roy Lynch, M.D., M.P.H. Director 8 The Vanderbilt Center for Occupational and Environmental Medicine Professor of Medicine Nashville, Tennessee 9 ESPINOSA, Richard Lee Sheet Metal Workers Union Local #49 Johnson Controls 10 Los Alamos National Laboratory Espanola, New Mexico 11 GADOLA, Sally L., M.S., R.N., COHN-S 12 Occupational Health Nurse Specialist Oak Ridge Associated Universities 13 Occupational Health Oak Ridge, Tennessee 5 GRIFFON, Mark A. President Creative Pollution Solutions, Inc. Salem, New Hampshire 1 MELIUS, James Malcom, M.D., Ph.D. Director New York State Laborers' Health and Safety Trust Fund Albany, New York 2 MUNN, Wanda I. Senior Nuclear Engineer (Retired) Richland, Washington 3 PRESLEY, Robert W. Special Projects Engineer BWXT Y12 National Security Complex 4 Clinton, Tennessee ROESSLER, Genevieve S., Ph.D. Professor Emeritus 5 University of Florida Elysian, Minnesota 6 7 8 9 10 11 12 13 INVITED SPEAKERS 6 Dr. Kathleen Rest, NIOSH Mr. Ted Katz, NIOSH Dr. Charles Land, NCI 1 Dr. Mary Schubauer-Berigan, NIOSH Mr. Russ Henshaw, NIOSH 2 Ms. Cori Homer, NIOSH Dr. David Michaels, George Washington University 3 4 5 6 7 8 9 10 11 12 13 STAFF/VENDORS 7 CORI HOMER, Committee Management Specialist, NIOSH MARIE MURRAY, Writer/Editor STEVEN RAY GREEN, Certified Court Reporter AUDIENCE PARTICIPANTS 1 Neil Barss William Beckner Jim Blankenship 2 Fred Blosser Jeff Eagan Don Elisburg Joe Fitzgerald 3 Tracey Gilbertson Alice Kelley Jeff Klemm Jeffrey Kotsch 4 Tim McAdams Martin Mathamel Richard Miller Frank Morales 5 Jim Neton Louise Presley Jerome Puskin Randy Rabinowitz 6 Mark Reinhalter Genevieve Roessler Malia Rulon Michael Schaeffer 7 Mary Schubauer-Berigan Josh Silverman Robert Tabor Liz Titus 8 Nancy Zuchernol 9 10 11 12 13 TRANSCRIPT LEGEND 8 The following transcript contains quoted material. Such material is reproduced as read or spoken. In the following transcript a dash (--) indicates an 1 unintentional or purposeful interruption of a sentence. An ellipsis (. .) indicates halting speech or an 2 unfinished sentence in dialogue or omission(s) of word(s) when reading written material. 3 In the following transcript (sic) denotes an incorrect usage or pronunciation of a word which is 4 transcribed in its original form as reported. In the following transcript (phonetically) indicates 5 a phonetic spelling of the word if no confirmation of the correct spelling is available. 6 In the following transcript "uh-huh" represents an affirmative response, and "uh-uh" represents a negative 7 response. 8 9 10 11 12 13 P R O C E E D I N G S 9 (8:15 a.m.) DR. ZIEMER: Good morning, everyone. I'd like to call to order the third or fourth, depending 1 whether you count the teleconference. I guess it's the fourth official meeting of the Advisory Board on 2 Radiation and Worker Health. We're pleased at this meeting to welcome one 3 new member to the Advisory Board. That new member is Mark Griffon. Mark, you can raise your hand over 4 here. I'm sure most or all of the Board members have met Mark, but just let me take a moment and 5 indicate a little bit about Mark's background. Mark has served as president of Creative 6 Pollution Solutions in New Hampshire since 1992 and in that capacity he performs consulting services in 7 the radiation and hazardous waste field. He also presently serves as program director for the 8 Department of Energy's medical surveillance research program for the gaseous diffusion plant exposure 9 assessment, and he also is a member of the advisory board of the U.S. Transuranium and Uranium 10 Registries. Mark did his undergraduate work at Rensselaer Poly Tech and his graduate work, 11 including an M.S. and Ph.D. from the University at Massachusetts at Lowell. And Mark, we welcome you 12 to the committee, look forward to your 13 participation. 10 MR. GRIFFON: Just one correction there -- I don't have the Ph.D. yet. DR. ZIEMER: Well, that's interesting, 1 because President Bush thinks you do. (LAUGHTER) 2 DR. ZIEMER: We'd better keep that secret. No, actually what I just read is from the White 3 House news page, so -- well, even worse than that, they had my name spelled wrong, so... 4 Okay, in any event, we still welcome you, Mark, in spite of your lack of that degree. 5 I'd like to remind everyone here, including the Board members and all visitors, to please 6 register your attendance with us today. There's a registration or sign-in book on the table, so please 7 take care of that if you have not already. Those of the general public who wish to make 8 comments during the public comment period, there is a sign-up page in one of the other books there at 9 the table and we ask you to sign up, simply so we can assess how many will be wanting to speak and the 10 allotment of times. We're pleased to have with us this morning 11 Dr. Kathleen Rest, who is the acting director of NIOSH -- Rust, I said Rest -- it is Rest; I get a 12 little rust on my eyes here. Dr. Rest is acting 13 director of NIOSH. We're pleased to have her with 11 us this morning again. And Dr. Rest, if you would, please come and address the group and we'll give you the podium here for that purpose. Thank you. 1 DR. REST: Thank you and good morning, everyone. I guess we have to speak up over the 2 rain. Larry Elliott just looked up and said I hope this doesn't leak. 3 I'm happy to be here this morning and to welcome all of you again on behalf of NIOSH, the 4 National Institute for Occupational Safety and Health, to this the fourth meeting of this Advisory 5 Board on Radiation and Worker Health. And I'd like to start off first of all by thanking you for all of 6 the efforts that you've made on behalf of NIOSH, HHS and this program. Really and truly, you've worked 7 very hard over the past number of months to help us meet some of the new responsibilities and 8 accomplishments that we had to achieve, and I truly appreciate the energy and the dedication that you 9 brought to the task, so thank you very much for that. 10 Now I think that you all know that this program is really a very high-priority program both 11 for NIOSH and for the Department of Health and Human Services. And we at NIOSH have been working really 12 hard to be able to deliver on the many new 13 responsibilities that we've been given under this 12 program. Larry Elliott later on this morning is going to give you more of an up-date and status report and 1 some of the details on our activities to date, but I just wanted to highlight a couple of significant 2 milestones for you and we can turn it over and get on with the grist of the meeting. 3 I think that you all know that as of today the final rules on dose reconstruction and 4 probability of causation have been published in the Federal Register, thanks in part to your own intense 5 efforts to help us make this happen.