DOE-HDBK-1209-2012, Access Handbook - Conducting Health Studies at Department of Energy Sites
Functional areas: Conducting Public Health Activities, Conducting Studies, Public Health Researchers
The purpose of this handbook is to outline procedures that facilitate access to information needed for outside researchers conducting public health activities at DOE sites.
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
DOE-HDBK-1209-2012
DOE HANDBOOK
Access Handbook – Conducting Health
Studies at Department of Energy Sites
U.S. Department of Energy AREA OCHS
Washington, D.C. 20585
DISTRIBUTION STATEMENT A. Approved for public release; distribution is unlimited.
NOT MEASUREMENT
SENSITIVE
DOE-HDBK-1209-2012
i
This Department of Energy (DOE) Handbook provides guidelines for the successful conduct of
health studies at DOE sites. The Handbook does not establish requirements and any
requirements that must be met are explicitly stated to be requirements in a DOE requirements
document.
This document is available on the Department of Energy
Technical Standards Program Web Page at
http://www.hss.energy.gov/nuclearsafety/techstds/
DOE-HDBK-1209-2012
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Table of Contents
FREQUENTLY USED ABBREVIATIONS ................................................................................... iv
FOREWORD ................................................................................................................................. v
ACKNOWLEDGEMENT ............................................................................................................... v
1. PURPOSE ............................................................................................................................. 1
2. INTRODUCTION ................................................................................................................... 1
3. RECORDKEEPING AT DOE AND ITS PREDECESSOR AGENCIES ................................. 2
4. WHAT IS MEANT BY ACCESS? .......................................................................................... 4
A. Table 1 - What is meant by “Access”? ................................................................................ 4
5. STEPS IN CONDUCTING A STUDY OR PUBLIC HEALTH ACTIVITY ............................... 5
A. When Does a Public Health Activity Begin? ....................................................................... 5
i. Notification of DOE by the Agency or Organization Sponsoring the Public Health
Researcher ..................................................................................................................... 6
ii. Notification of the Site and the Workers ......................................................................... 6
iii. Preliminary Site Visit ....................................................................................................... 6
iv. Site Work Plan ................................................................................................................ 7
v. Site Access Requirements ............................................................................................. 8
vi. Resolving Conflicts ......................................................................................................... 8
B. Study or Other Public Health Activities Checklist – This is a checklist that serves as a
quick reminder of tasks. For more details, please refer to Section 5 through 7. ................ 9
i. Table 2 - Study or Other Public Health Activities Checklist ............................................ 9
6. PROTECTING HUMAN RESEARCH SUBJECTS.............................................................. 10
A. DOE Human Subjects Protection Requirements .............................................................. 11
B. DOE IRB Review Procedures ........................................................................................... 11
Section 2
i. DOE’s Former Worker Medical Screening Program ..................................................... 12
ii. Research that is Funded by DOE and Conducted or Managed by HHS (NIOSH, NCEH,
and ATSDR) ................................................................................................................. 12
iii. DOE’s Program of Independent Studies ...................................................................... 13
C. DOE Protection of Personally Identifiable Information (PII) .............................................. 13
7. SECURITY REGULATIONS ............................................................................................... 13
A. Personally Identifiable Information (PII) ............................................................................ 14
DOE-HDBK-1209-2012
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i. Table 3 - DOE CHECKLIST - For Researchers Using Personally Identifiable
Information (PII)............................................................................................................ 15
B. Categories of Classified or Controlled Information ........................................................... 16
i. Classified Information ................................................................................................... 16
ii. Controlled Information, Which May Be Classified, or Unclassified ............................... 17
iii. Unclassified Controlled Information .............................................................................. 18
C. Requests for Security Clearances .................................................................................... 19
D. Requests to Review Records ........................................................................................... 19
i. Unclassified Documents ............................................................................................... 19
iv. Classified or Controlled Documents ............................................................................. 20
a) Document Declassification ........................................................................................ 21
b) Review of Notes, Papers, and Other Information Prepared or Duplicated at a Site . 21
v. Documents with Special Access Requirements ........................................................... 22
a) Work for Others (WFO) ............................................................................................. 22
b) Sensitive Compartmented Information (SCI) ............................................................ 22
c) Weapons Data and Nuclear Materials Production Data Information ........................ 22
d) Export Controlled Information (ECI) .......................................................................... 22
e) Unclassified Controlled Nuclear Information (UCNI) ................................................. 23
f) Naval Nuclear Propulsion Information (NNPI) .......................................................... 23
8. ROLES AND RESPONSIBILITIES ..................................................................................... 23
A. DOE’s Former Worker Medical Screening Program (FWP) ............................................. 23
i. Goals of the FWP are: .................................................................................................. 24
vi. Participants ................................................................................................................... 24
Section 3
vii. Program Information ..................................................................................................... 24
B. Occupational Studies and Other Public Health Activities Funded by DOE and Conducted
or Sponsored by HHS ....................................................................................................... 24
i. National Institute for Occupational Safety and Health (NIOSH) ................................... 25
viii. National Center for Environmental Health (NCEH) ...................................................... 25
ix. Agency for Toxic Substances and Disease Registry (ATSDR) .................................... 26
C. DOE’s Program of Independent Studies ........................................................................... 27
Appendix 1: DOE Institutional Review Boards (IRBs) .......................................................... 27
DOE-HDBK-1209-2012
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FREQUENTLY USED ABBREVIATIONS
AEC Atomic Energy Commission
ATSDR Agency for Toxic Substances and Disease Registry
CDC Centers for Disease Control and Prevention
CEDR Comprehensive Epidemiologic Data Resource (DOE’s de-identified database)
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act
CFR Code of Federal Regulations
CIRC Cyber Incident Response Capability
DSHEFS NIOSH Division of Surveillance, Hazard Evaluations, and Field Studies
DOE Department of Energy
EEOICPA Energy Employees Occupational Illness Compensation Program Act
ECI Export Controlled Information
EPA Environmental Protection Agency
ERDA Energy Research and Development Administration
ES&H Environment, Safety and Health
FIPS Federal Information Processing Standards
FOIA Freedom of Information Act
FWP Former Worker Medical Screening Program
FRD Formerly Restricted Data
OERP NIOSH Occupational Energy Research Program
HS-10 Office of Health and Safety
HHS Department of Health and Human Services
HSS DOE Office of Health, Safety and Security
IRB Institutional Review Board
MED Manhattan Engineer District
NCEH National Center for Environmental Health
NIOSH National Institute for Occupational Safety and Health
NNSA National Nuclear Security Administration (a semi-autonomous part of DOE)
NPL National Priorities List
NSI National Security Information
NNPI Naval Nuclear Propulsion Information
OUO Official Use Only
OHRP Office for Human Research Protection
OMB Office of Management and Budget
PHA Public Health Assessment
PII Personally Identifiable Information
RSB NCEH Radiation Studies Branch
RD Restricted Data
UCNI Unclassified Controlled Nuclear Information
WFO Work for Others
DOE-HDBK-1209-2012
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FOREWORD
The purpose of this handbook is to outline procedures that facilitate access to information
needed for outside researchers conducting public health activities at Department of Energy
(DOE) sites. The handbook is intended for use by these researchers conducting studies, and
by personnel at DOE sites who are responsible for making the requested information available.
The use of the term “public health researcher” throughout this document refers to the entire
spectrum of health and environmental professionals. This includes Government officials who
study the past, present, and future impacts that DOE sites and their associated activities may
have upon workers, the community, and its inhabitants. Public health researchers may be
employed by a variety of organizations, including local, State, or Federal Government agencies,
academic institutions, non-profit organizations, and contractors.
Section 4
"Public health activities" comprise both practice and research involving health outcomes in
potentially affected community and worker populations. Public health activities at DOE sites
include, but are not limited to, medical screening of former workers, community studies,
environmental dose reconstruction, worker surveys, cluster investigations, feasibility studies,
and epidemiologic investigations that are funded by DOE through grants, cooperative
agreements, and interagency agreements.
Questions may be directed to the Office of Domestic and International Health Studies (HS-13) at
301-903-4343 (Fax 301-903-1413).
ACKNOWLEDGEMENT
The Access Handbook is the product of many individuals over nearly a decade. The moving
force and champion behind the new Access Handbook was Marsha Lawn, who diligently served
as the program director for Worker and Public Health Activities. We are indebted for her
steadfastness and vision that workers and communities would be the beneficiaries of studies
and investigations. Research at DOE is necessarily complex with the need to balance
researcher needs with competing national security issues. Her goal was to bring clarity on
navigating through this complex environment for all those who engage in research across DOE
facilities so that the vision can be realized.
DOE-HDBK-1209-2012
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1. PURPOSE
The purpose of this handbook is
to outline procedures that
facilitate access to information
needed for outside researchers
conducting public health activities
at Department of Energy (DOE)
sites. The handbook is intended
for use by these researchers
conducting studies, and by
personnel at DOE sites who are
responsible for making the
requested information available.
2. INTRODUCTION
DOE supports a diverse program of public health activities designed to increase understanding
of the health effects of radiation, chemicals, and other hazards to workers and to the public that
are related to current and past operations of its facilities. The major components of these public
health activities are:
Epidemiologic studies of occupational exposures among DOE workers, health studies of
communities located near DOE facilities and other public health activities.
A medical screening program to evaluate the health of former workers at DOE sites.
Notes to the Reader: The use of the term “public health researcher” throughout this document
refers to the entire spectrum of health and environmental professionals. This includes
Government officials who study the past, present, and future impacts that DOE sites and their
associated activities may have upon workers, the community, and its inhabitants. Public health
researchers may be employed by a variety of organizations, including local, State, or Federal
Government agencies, academic institutions, non-profit organizations, and contractors.
"Public health activities" comprise both practice and research involving health outcomes in
potentially affected community and worker populations. Public health activities at DOE sites
include, but are not limited to, medical screening of former workers, community studies,
environmental dose reconstruction, worker surveys, cluster investigations, feasibility studies,
and epidemiologic investigations that are funded by DOE through grants, cooperative
agreements, and interagency agreements.
This handbook is not a guidance document for any access issues concerning the Energy
Employees Occupational Illness Compensation Program Act (EEOICPA). Please refer to
Section 5
DOE-HDBK-1209-2012
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DOE’s Office of Health, Safety and Security’s (HSS) Security Plan for EEOICPA, dated January
23, 2009,
http://www.hss.energy.gov/healthsafety/FWSP/Advocacy/HSS_Security_Plan_EEOICPA.pdf .
This handbook is also not a guidance document relevant to either: 1) the medical
screening/surveillance of current workers by the DOE site occupational medicine clinics; or 2)
activities of DOE site medical providers to evaluate the outcomes of medical surveillance that do
not generally constitute research.
Reference is made throughout this handbook to various requirements documents, which include
two general categories: 1) Federal regulations (see, http://www.gpoaccess.gov/cfr/); and 2)
DOE directives/orders, which are DOE-specific requirements and generally apply to DOE
Headquarters, site offices, and site contractor personnel (https://www.directives.doe.gov/).
DOE’s human subjects research protection directive (DOE Order 443.1B) includes requirements
that must be complied with for all human subjects research funded by DOE, conducted by DOE
or DOE site personnel, or using data from DOE sites. Outside researchers must also comply
with such requirements if they are to use DOE employee data.
3. RECORDKEEPING AT DOE AND ITS PREDECESSOR
AGENCIES
DOE is committed to allowing access to DOE sites and making records fully available for
approved public health activities, while taking into account legal restrictions on the disclosure of
an individual’s personal information and/or security clearance classification.
A number of factors relating to DOE recordkeeping practices and culture affect access to
records at DOE sites. A general knowledge of these practices will facilitate records access by
public health researchers working at DOE sites.
DOE and its predecessor agencies—the Manhattan Engineering District, the Atomic
Energy Commission, and the Energy Research and Development Administration—have
primarily used private contractors to carry out the work at field sites on behalf of DOE.
The site contractors have traditionally operated with a great deal of independence within
the scope of their contract and continue to do so today.
As a consequence of this independence, recordkeeping practices and procedures for
accessing records often differ significantly from site to site. However, all sites and site
DOE-HDBK-1209-2012
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contractors must adhere to basic Department-wide requirements for records access
(DOE Order 243.1 and 36 Code of Federal Regulations (CFR) 1222.32,
[http://www.archives.gov/about/regulations/part-1222.html#1222.32]).
Not all records at DOE sites are Federal records. Some records may belong to
contractors and, therefore, are not subject to laws governing the management of and
access to Federal records. Contractor-owned records are governed by the specific terms
of its DOE contract. Most DOE contracts contain clauses that provide the right to access
contractor records that are needed for health studies and/or public health activities.
As a result of differing management practices among contractors, as well as the timely
development of nuclear weapons production during the Cold War, the recordkeeping
process was not applied as it is today. This may have resulted in the loss of Government
custody for some records. These factors, combined with general problems in
recordkeeping that exist across the Federal Government, mean that records sought by
public health researchers may be difficult and time-consuming to retrieve. In some cases,
the records may no longer exist. Experience suggests that data collection generally takes
more time than the public health researchers’ estimated timeline.
Section 6
The Department and its predecessor agencies operated in a culture of secrecy for many
years due to the nature of nuclear weapons development. Access to some sites and
records, even today, may be limited for reasons of national security. Public health
researchers should be aware that some of the records needed for their studies might have
restricted access based on a need-to-know.
In the past, many DOE records were classified at the time they were created (“born
classified”), and some have not yet been reviewed for declassification. DOE is committed
to ensuring that declassification requests for health studies are met in a timely manner.
However, declassification is a time-consuming and labor-intensive process and project
schedules should include lead-time for document declassification.
Public health researchers should be mindful that while the Department is committed to
openness, the measures necessary to provide access may be slow relative to the
timeframe of a study. The Department is confident that any difficulties associated with
access can be resolved through the use of the guidelines set forth in this handbook.
It is advised that all DOE public health activities be coordinated through the HSS. HSS will
help to ensure that the appropriate Departmental elements are engaged and that
researchers know who to contact to carry out their projects.
DOE-HDBK-1209-2012
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4. WHAT IS MEANT BY ACCESS?
A. Table 1 - What is meant by “Access”?
What is Meant by “Access”?
“Access” to records and information gives public health researchers
the ability to do any or all of the following at a DOE site:
1. Review record systems.
2. Review classified material (for public health researchers with appropriate security
clearance).
3. Take sample copies of records.
4. Make copies necessary for research and other public health activities.
5. Obtain copies of electronic records and the documentation necessary to understand
them.
6. Provide to the site point of contact an additional copy of any records that are copied or
scanned.
7. Acquire rosters of former workers.
8. Observe work and processes in progress.
9. Talk privately with workers.
10. Collect exposure data.
11. Hold meetings with all interested parties.
DOE-HDBK-1209-2012
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5. STEPS IN CONDUCTING A STUDY OR PUBLIC HEALTH
ACTIVITY
This section explains the major steps in the process of planning and performing a public health
activity.
A. When Does a Public Health Activity Begin?
A research study begins when an investigator (1) requests records from site officials;
(2) requests permission to perform walk-through surveys; or (3) seeks permission to
interview employees about health issues or working conditions. The public health activity
under the FWP begins with a cooperative agreement award from DOE Headquarters. The
public health activity under Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA) 104.1 begins when a site is proposed for inclusion on the
Environmental Protection Agency's (EPA) National Priorities List (NPL) or when the Agency
receives a petition to perform a Public Health Assessment (PHA) or other public health
activity.
All public health activities are coordinated through DOE’s Office of Health and Safety
(HS-10) and if National Nuclear Security Administration (NNSA) sites are involved,
NNSA-SH-20. Public health activities are conducted in accordance with the protocol
outlined in this handbook. Issues that are not covered in this handbook should be raised to
the appropriate contacts in HS-10 and NNSA-SH-20, as well as to the appropriate contacts
in the relevant DOE Headquarters program secretarial offices (PSOs), for resolution.
Section 7
DOE-HDBK-1209-2012
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i. Notification of DOE by the Agency or Organization Sponsoring the Public Health
Researcher
When DOE sites have been selected for a study, the funding entity or sponsor
supporting the study provides written notification to HS-10. If research is to be conducted
at an NNSA site or using data from an NNSA site, NNSA-SH-20 also provides written
notification prior to the initiation of the study
The notification includes a list of people needing access to DOE/NNSA facilities.
Notice of the initiation of new public health activities are shared in a timely manner with
the sponsoring Agency and with relevant DOE/NNSA Headquarters and site offices.
Each Agency acts in accordance with a specific communication plan as appropriate for
the Agency and public health activity.
A copy of the study plan or protocol, Institutional Review Board (IRB) documentation,
and any special local agreements aree provided by the public health researcher to
HS-10, the site Human Subjects Protection (HSP) Program Manager/IRB Administrator,
the DOE/NNSA HSP Program Manager(s), and the DOE Site Office that manages the
selected site.
ii. Notification of the Site and the Workers
For each new public health activity at a particular site, HS-10 prepares a notice that
outlines the basic intent of the activity and list site representatives who may be contacted
for additional information. This notice is sent to the DOE Site Office (and for NNSA
Sites, NNSA and the NNSA Site Office, for review) for distribution to all current workers
at the site.
For public health activities that do not involve worker records, HS-10 prepares a short
notice that outlines the basic intent of the public health activity. The notice includes a
communications plan. The communications plan includes (1) the name and telephone
number of the person responsible for communicating the activity; (2) the expected
frequency of communications; and (3) the place where notices of upcoming meetings
are posted or advertised. The notice requests that the site communications point of
contact work directly with the sponsoring Agency point of contact. HS-10 works with the
applicable site(s) (and for NNSA sites, NNSA and the NNSA site office) and the funding
entity or sponsoring Agency conducting the public health activity to develop the
site-specific communication plan.
iii. Preliminary Site Visit
HS-10 schedules and coordinates a preliminary site visit, working closely with the DOE
Site Office HSS point of contact. Participants in the meeting should include
representatives from DOE (and if it is an NNSA site, also NNSA), site contractors, the
site Human Subjects Protection Program Manager/IRB Administrator and IRB Chair,
organized labor, and public health researchers involved in the project. Once a date has
DOE-HDBK-1209-2012
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been established for the visit, the site office initiates advance badging procedures for
visitors and public health researchers.
The preliminary visit ensures that all parties are provided information about the purpose
of the public health activity and understand the process that will take place. It also
establishes the lines of communication and cooperation essential to a successful
investigation. During the preliminary visit, the parties:
Discuss the work plan for data collection and identify information needs of public
health researchers.
Determine appropriate technical contacts at the DOE Site Office and among DOE
contractors.
Section 8
Gather preliminary information relevant to the public health activity.
Discuss procedures.
Determine whether IRB approval is required, and if so, whether the DOE site IRB
or the Central DOE IRB is responsible for reviewing the protocol. Release of DOE
human subjects data is contingent upon DOE/IRB review approvals.
Identify potential issues needing resolution.
As a result of the initial site meeting, the DOE/NNSA Site or Area Office designates a
DOE/NNSA site point of contact and the public health researcher designates a lead point
of contact. When contractors, cooperative agreement holders, or grantees are
conducting research or other studies, a point of contact is designated by the sponsoring
Agency.
iv. Site Work Plan
After the preliminary site visit, the public health researcher works with the DOE/NNSA
and site points of contact to continue the dialogue regarding process or other information
needed to perform the public health activity. Continuing discussion between participants
may include the following topics:
Estimated timetable for completion of major tasks.
Identification of resources needed from the site.
Agreements from the site regarding the availability, time commitment, and roles of
DOE and contractor personnel.
Progress in receiving previously requested data and information.
Identification of additional information needs.
DOE-HDBK-1209-2012
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Requirements for document declassification, security clearances, IRB review, and
special training.
v. Site Access Requirements
Each DOE/NNSA site is unique, and, therefore, access procedures may vary from site to
site, depending on the contract with DOE/NNSA and the work conducted at that site.
Authorization or a DOE security clearance is generally required for entry to the various
areas of many DOE sites. It may be necessary for public health researchers to attend
special training sessions before site access is granted.
Arrangements are made with the site point of contact to bring equipment onsite.
Approval of such requests may be governed by Federal regulations or by the
requirements of the specific site. The public health researcher provides the site point of
contact an additional copy of any records that are copied or scanned.
vi. Resolving Conflicts
If public health researchers encounter problems that cannot be resolved by negotiation
with DOE site officials, they should immediately notify HS-10 (and in the case of an
NNSA site, also NNSA-SH-20) and the Agency sponsoring the public health activity in
writing. The notification should include a detailed description of the problem, the efforts
made to resolve it, and proposed solutions, if any.
Similarly, DOE/NNSA site officials should immediately notify HS-10 (and for NNSA Sites,
also NNSA-SH-20), the public health researcher, and the sponsoring entity of any
problems that cannot be resolved at that level, particularly instances where requested
support, records, or information cannot be provided. This notification should include the
nature of the request, the reason it cannot be met, and any proposed alternatives.
HS-10 (and for NNSA Sites, NNSA-SH-20), with the support of the sponsoring entity,
other DOE/NNSA safety and health (ES&H) site officials, and representatives from the
DOE Office of General Counsel mediate these disputes. As necessary, officials from
other DOE line and staff organizations may be involved.
Section 9
Public health researchers may be requested by their sponsoring agencies to provide
regular assessments of how the public health activity is proceeding at the site relative to
the issues covered in this handbook. This information is shared with HS-10, NNSA
sites, and NNSA-SH-20.
Similarly, DOE/NNSA site officials, both Federal and contractors, are polled regularly by
HS-10 to evaluate how the process is working. HS-10 shares this information with
senior officials within HSS, NNSA, the public health researcher, and the sponsoring
entity.
DOE-HDBK-1209-2012
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B. Study or Other Public Health Activities Checklist – This is a checklist that serves as
a quick reminder of tasks. For more details, please refer to Section 5 through 7.
i. Table 2 - Study or Other Public Health Activities Checklist
Study or Other Public Health Activities Checklist
Listed Activities
Check if
Applicable
Obtain initial and continuing annual approval of applicable IRB(s), and report
annually to the DOE Human Subjects Research Database (See Section 6).
Apply for security clearances.
Draft initial site visit and communication plan.
Identify key individuals (management, worker, and union groups).
Arrange for key individuals to participate.
Arrange special site meetings between key individuals.
Identify need for worker time away from job.
Notify Records Management officials of special records requirements.
Approve worker time away from job.
Determine availability of requested records.
Arrange for sample of requested records to be made available.
Ensure compliance with all PII requirements and security regulations and
ensure all training has been completed.
Provide pre-visit site questionnaires.
Approve site questionnaire effort and complete site survey.
Identify equipment to be brought onsite.
Obtain property passes for equipment to be brought onsite.
Identify classified information issues.
Refer classified information issues to Site Office.
DOE-HDBK-1209-2012
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Study or Other Public Health Activities Checklist
Listed Activities
Check if
Applicable
Prepare declassification plan.
Arrange required facility-specific training.
Identify space and equipment needs.
Arrange for space and equipment needs.
Complete initial site visit plan.
Conduct initial site visit.
Complete and sign facility-required agreements.
Agree on site work plan.
Complete security training.
Complete and distribute site work plan.
Prepare communication plan to report results to workers.
Report results.
Submit study data for inclusion into the Comprehensive Epidemiologic Data
Resource.
6. PROTECTING HUMAN RESEARCH SUBJECTS
DOE-HDBK-1209-2012
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A. DOE Human Subjects Protection Requirements
All human subjects research conducted at DOE facilities, supported by DOE funds,
performed by DOE or DOE contractor employees, or involving former or current DOE or
contractor employees as participants or their data, must comply with Federal regulations and
the DOE requirements to protect human subjects. The Federal Policy for the Protection of
Human Subjects is 45 CFR Part 46, Protection of Human Subjects. For DOE, it is codified
in Title 10 CFR 745 and DOE Order 443.1B. DOE Order DOE O 481.C, Work for Others,
also governs protection of human subjects in research that is conducted by DOE or in DOE
facilities but is funded by sources other than DOE. (Note: Some public health activities,
such as ATSDR’s public health assessments that evaluate whether communities may have
potential exposures to hazardous substances from DOE operations are not considered
research and are not subject to IRB approval.)
Section 10
Human subjects’ research includes a broader range of research than many public health
researchers and program managers may realize. In addition to traditional biomedical and
clinical studies, human subjects research may include studies that:
Use humans to test devices, products, or materials with the express purpose of
investigating human-machine interfaces or evaluating environmental alterations
when humans are the subjects being tested;
Use personally identifiable bodily materials, such as cells, blood, tissues, urine, or
hair, even if the materials were collected previously for a purpose other than the
current research;
Collect and use personally identifiable information, such as genetic information or
work history, medical and exposure records, even if the information was collected
previously for a purpose other than the current research;
Collect personally identifiable data, surveys, or questionnaires through direct
intervention or interaction with individuals; and
Search for generalizable knowledge about categories or classes of subjects (e.g.,
linking job conditions of worker populations to hazardous or adverse health
outcomes).
(See also the DOE website for its Human Subjects Protection Program,
http://humansubjects.energy.gov/).
Note: Medical screening/surveillance of current workers by the DOE site occupational medicine
clinics is neither considered human subjects research nor is it covered by the guidance in this
Access Handbook.
B. DOE IRB Review Procedures
There are three general areas of human subjects research covered by this Access
Handbook that may invoke DOE IRB review. These areas are: 1) The DOE Former Worker
Medical Screening Program; 2) Research that is funded by DOE and conducted or
DOE-HDBK-1209-2012
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managed by the Department of Health and Human Services (HHS), (National Institute for
Occupational Safety and Health (NIOSH), National Center for Environmental Health
(NCEH), or Agency for Toxic Substances and Disease Registry (ATSDR)); and 3) DOE’s
Program of Independent Studies. The DOE review requirements vary slightly depending
on the type of research to be conducted.
It is important that all researchers be aware of the need to annually, and upon completion
of the project, report to the DOE Human Subjects Research Database (see:
http://www.orau.gov/hsrdreport/). General guidance on review requirements in these three
areas is provided below.
i. DOE’s Former Worker Medical Screening Program
The DOE Former Worker Medical Screening Program, otherwise known as the Former
Worker Program (FWP)
(http://www.hss.energy.gov/HealthSafety/FWSP/formerworkermed/) provides medical
screening for all former DOE Federal, contractor, and subcontractor workers from all
DOE sites across the complex to identify adverse health conditions that may have
resulted from working at DOE facilities. The Central DOE IRB (CDOEIRB) is
responsible for initial and continuing review of all projects conducted as part of the
FWP. Once the project has been approved for initiation by HS-10, (and for NNSA sites,
also NNSA-SH-20), the researcher should submit an application and the protocol to the
CDOEIRB Administrator for review by the CDOEIRB.
ii. Research that is Funded by DOE and Conducted or Managed by HHS (NIOSH,
NCEH, and ATSDR)
Section 11
The HHS IRB or the HHS grantee’s IRB serves as the IRB of record for studies that are
conducted as part of a long-standing partnership between HHS and DOE that promotes
health studies of workers exposed to ionizing radiation and other agents in the course
of their employment at DOE. The applicable DOE IRB is also concurrently responsible
for initial and continuing review, and the HHS IRB or the HHS grantee IRB considers
comments from the DOE IRB in its deliberations. When an HHS/HHS grantee research
protocol is ready for DOE IRB review, the researcher should e-mail the list of the
affected DOE sites to the HS-10 Program Manager and the DOE Human Subjects
Protection Program Manager (and for work to be conducted at NNSA site(s), also the
NNSA Human Subjects Protection Program Manager). The researcher should
complete a DOE IRB application and forward the materials to the applicable DOE IRB
for review. The DOE IRB reviews that application, with the goal of notifying the
researcher and the HHS/HHS grantee IRB of its recommendation within 6 weeks.
Additionally, the DOE IRB provides copies of its written recommendation to the HS-10
Program Manager and the DOE Human Subjects Protection Program Manager (and for
work to be conducted at NNSA site(s), also the NNSA Human Subjects Protection
Program Manager). The same process is followed for annual continuing reviews by the
DOE IRB. In the event of a disagreement between the DOE IRB and the HHS or the
HHS grantee’s IRB, the HHS/HHS grantee’s IRB makes the final determination
regarding approval of the human subjects research. In such a case, the Centers for
DOE-HDBK-1209-2012
13
Disease Control and Prevention (CDC) Human Subjects Office and DOE and NNSA
Human Subjects Protection Program Managers should be notified before the research
is initiated.
iii. DOE’s Program of Independent Studies
HS-10 is committed to ensuring that studies of DOE worker exposure and health
outcomes, as well as other public health activities, may be conducted by independent
public health researchers. These researchers may receive funding from sources other
than HS-10 (e.g., DOE Office of Science, foundations, universities, state health
departments, and other Federal agencies) and are provided access to DOE data (per
HS-10’s (and for NNSA sites, also NNSA-SH-20’s) review and approval of the proposed
research). It is expected that the research protocol has already received IRB approval
by the researcher's institution and that that institution has a Federal-wide Assurance.
The researcher should provide copies of the protocol and the IRB approval to the
HS-10 Program Manager and the DOE Human Subjects Protection Program Manager
and for NNSA sites, also the NNSA Human Subjects Protection Program Manager. The
HS-10 Program Manager and the DOE and/or NNSA Human Subjects Protection
Program Manager(s), in conjunction with the Chair of the applicable DOE IRB,
determine whether initial and continuing review by the DOE IRB is warranted. If
determined to be necessary, the researcher would need to complete an application and
forwards the materials to the DOE IRB for review.
For all three categories of research described above, the responsible DOE IRB holds
project-specific IRB records for the period of 3 years after project completion in
accordance with 10 CFR Part 745. However, if the IRB determines that a longer
retention is appropriate because of their greater significance, they should be retained
accordingly.
Section 12
C. DOE Protection of Personally Identifiable Information (PII)
All public health researchers must also comply with DOE’s requirements for protecting PII of
research subjects, as articulated in DOE Order 206.1
(https://www.directives.doe.gov/directives/current-directives/206.1-
BOrder/view?searchterm=206.1), DOE Privacy Program, and DOE Order 471.1B,
Administrative Change 1, Identification and Protection of Unclassified Controlled Nuclear
Information, and DOE Order 471.3, Administrative Change 1, Identifying and Protecting
Official Use Only Information. See DOE Checklist in Section 7 under Security Regulations.
7. SECURITY REGULATIONS
The Privacy Act of 1974 governs access to DOE-owned records that contain personally
identifiable information (PII). DOE has established Privacy Act Systems of Records that allow
access to, and review of, all necessary Privacy Act records by authorized public health
DOE-HDBK-1209-2012
14
researchers. Records owned by DOE contractors that contain PII will be made available to
authorized users under the access authority of the ownership-of-records clause of the governing
contract. When public health researchers obtain a security clearance (described in Section D),
they sign an agreement to comply with the procedures specified for classified or controlled
information, including PII.
DOE Privacy Act Systems of Records for which public health researchers are approved as Routine Users
DOE Privacy Act Systems of Records for which Public Health
Researchers are Approved as Routine Users
DOE-2, DOE-Personnel Supervisor Maintained Personnel Records
DOE-5, Personnel Records of Former Contractor Employees
DOE-10, Energy Employees Occupational Illness Compensation Program Act Files
DOE-13, Payroll and Leave Records
DOE-15, Intelligence-Related Access Authorization
DOE-33, Personnel Medical Records (including industrial hygiene information)
DOE-35, Personnel Radiation Exposure Records
DOE-38, Occupational and Industrial Accident Records)
DOE-71, The Radiation Accident Registry
DOE-72, The DOE Radiation Study Registry
DOE-73, The US-DTPA Registry
DOE-86, Human Radiation Experiments Records
DOE-88, Epidemiologic and Other Health Studies, Surveys, and Surveillance
Detailed descriptions of each of these systems of records can be found in the Federal
Register, 74 FR 994 and 1. These systems are not found at every DOE site. Each system is
subject to different record retention requirements.
A. Personally Identifiable Information (PII)
DOE has established requirements for the protection of PII in accordance with the Privacy
Act of 1974 and Office of Management and Budget (OMB) requirements. OMB has defined
PII as any information collected or maintained by the Department about an individual,
including but not limited to, education, financial transactions, medical history, and criminal or
employment history, and information that can be used to distinguish or trace an individual’s
identity, such as his/her name, Social Security number, date and place of birth, mother’s
maiden name, biometric data, and any other personal information that is linked or linkable to
a specific individual.
Specifically, PII information provided by the U.S. Government or other U.S. Government
contractors for use in the execution of work under this contract must be protected in
accordance with the Department of Energy Privacy Program (DOE Order 206.1), the Official
Use Only directive, the Physical Security Manual, the Information Security Manual, and
Section 13
DOE-HDBK-1209-2012
15
Cyber Security Manuals. For convenience, DOE has listed below the minimum
requirements.
i. Table 3 - DOE CHECKLIST - For Researchers Using Personally Identifiable
Information (PII)
DOE CHECKLIST
For Researchers Using Personally Identifiable Information (PII)
The following items need to be addressed in all protocols:
Check if
Applicable
1. Keeping PII confidential.
2. Releasing PII only under a procedure approved by the responsible IRB(s)
and DOE, where required.
3. Using PII for approved health studies and public health activities, or with
the consent of the participant.
4. Handling and marking documents containing PII as “containing PII or PHI
(Protected Health Information).”
5. Establishing reasonable administrative, technical, and physical
safeguards to prevent unauthorized use or disclosure of PII.
6.
Making no further use or disclosure of the PII except when approved by
the responsible IRB(s) and DOE, where applicable, and then only under
the following circumstances:
(a) in an emergency affecting the health or safety of any individual;
(b) for use in another research project under these same conditions
and with DOE written authorization;
(c) for disclosure to a person authorized by the DOE program office for
the purpose of an audit related to the project;
(d) when required by law; or
(e) with the consent of the participant.
7.
Protecting PII data stored on removable media (CD, DVD, USB Flash
Drives, etc.) using encryption products that are Federal Information
Processing Standards (FIPS) 140-2 certified.
8.
Using passwords to protect PII used in conjunction with FIPS 140-2
certified encryption that meet the current DOE password requirements
cited in DOE Guide 205.3-1.
9.
Sending removable media containing PII, as required, by express
overnight service with signature and tracking capability, and shipping
hard copy documents double wrapped.
DOE-HDBK-1209-2012
16
DOE CHECKLIST
For Researchers Using Personally Identifiable Information (PII)
The following items need to be addressed in all protocols:
Check if
Applicable
10. Encrypting data files containing PII that are being sent by e-mail with
FIPS 140-2 certified encryption products.
11.
Sending passwords that are used to encrypt data files containing PII
separately from the encrypted data file; i.e., separate encrypted e-mail,
telephone call, and separate letter.
12. Using FIPS 140-2 certified encryption methods for websites established
for the submission of information that includes PII.
13.
Using two-factor authentication for logon access control for remote
access to systems and databases that contain PII. (Two-factor
authentication is contained in the National Institute of Standards and
Technology (NIST) Special Publication 800-63 Version 1.0.2 found at:
http://csrc.nist.gov/publications/nistpubs/800-63/SP800-63V1_0_2.pdf).
14.
Reporting the loss or suspected loss of PII immediately upon discovery
to: 1) the DOE funding office Program Manager, if the project is funded
by DOE; and 2) the applicable DOE IRB. If the DOE Program Manager
is unreachable, immediately notify the DOE-CIRC (1-866-941-2472,
http://www.doecirc.energy.gov/).
B. Categories of Classified or Controlled Information
i. Classified Information
Classified Information
Category Legal Basis
“Legal”
Definition
Types of
Information
Restricted Data (RD)
includes:
Weapons data
Nuclear material
Production data of
special nuclear
material
Section 14
Atomic Energy
Act of 1954, as
amended
All information concerning (1)
design, manufacture, or
utilization of atomic weapons;
(2) the production of special
nuclear material; (3) the use
of special nuclear material in
the production of energy.
Nuclear
weapon
designs
Nuclear
material
production
Naval nuclear
propulsion
DOE-HDBK-1209-2012
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Classified Information
Category Legal Basis
“Legal”
Definition
Types of
Information
Formerly Restricted
Data (FRD) includes:
weapons data
nuclear materials
production data
Atomic Energy
Act of 1954, as
amended
Information jointly determined
by the Departments of Energy
and Defense to relate
primarily to the military
utilization of atomic weapons.
Stockpile size
Yields
Storage sites
National Security
Information (NSI)
includes special
compartmentalized
and intelligence data
Executive Order
12958
Information that has been
determined by an Executive
Order to require protection
against unauthorized
disclosure and that is so
designated.
Conventional
weapons
Security
systems
Foreign
relations
Intelligence
ii. Controlled Information, Which May Be Classified, or Unclassified
Controlled Information,
Which May Be Classified, or Unclassified
Category Legal Basis
“Legal”
Definition
Types of
Information
Naval Nuclear
Propulsion
Information (NNPI)
42 U.S.C. 7158
Information concerning the
propulsion plants of naval
nuclear powered ships and
associated nuclear support
facilities.
May be
classified or
unclassified
Work for Others
(WFO) DOE Order 0481.1C
Work for others is the
performance of work for non-
DOE entities by
DOE/contractor personnel
and/or the utilization of DOE
facilities that is not directly
funded by DOE.
May be
classified or
unclassified
DOE-HDBK-1209-2012
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iii. Unclassified Controlled Information
Unclassified Controlled Information
Category Legal Basis
“Legal”
Definition
Types of
Information
Unclassified
Controlled
Nuclear
Information (UCNI)
Atomic Energy Act of
1954, as amended
10 CFR 1017
Certain unclassified
sensitive information
related to production or
utilization facility design,
safeguards and security
measures, or previously
classified nuclear
weapons information.
Security plans
Facility
designs
Certain
isotope
separation
technologies
Official Use Only
(OUO)
Freedom of Information
Act exemptions
Certain unclassified but
sensitive information that
may be exempt from
public release under the
Freedom of Information
Act.
Privacy (PII)
Predecisional
Proprietary
OPSEC
DOE-HDBK-1209-2012
19
Export Controlled
Information (ECI)
Nuclear Non-
proliferation Act
Arms Export Control
Act
Atomic Energy Act of
1954, as amended
Export Administration
Act of 1979, as
amended
Office of Foreign
Assets and Control
(OFAC)
Information that may be of
use to a nuclear
proliferant.
Technologies
useful to
nuclear
proliferants
C. Requests for Security Clearances
A public health researcher may need a security clearance to enter a DOE/NNSA facility,
access within a facility, or to access certain records at the site. The level of access
authorization, either “L” or “Q”, is based upon work performed at the site or level of classified
matter to be reviewed and determined through an evaluation of the public health
researcher’s needs with the sponsoring Agency and with records managers at the DOE site.
Applicants for “L” or “Q” access authorizations are subject to a Federal background
investigation by the Office of Personnel Management or the Federal Bureau of Investigation.
The time needed for a clearance may take up to 12 months or longer.
Section 15
If the applicant has a HHS security clearance at the appropriate level, DOE’s Personnel
Security Office has a process for quickly granting a DOE “Q” security clearance. Public
health researchers, whose work is funded by CDC or ATSDR, can apply for clearance
through the HHS Security Office, which coordinates activities with the DOE Personnel
Security Office to obtain the necessary clearance.
If there is an immediate need for a security clearance, the circumstances should be
presented to DOE's Personnel Security Office to determine what actions may be
appropriate.
Applicants who are not U.S. citizens cannot have access to certain categories and levels of
classified matter.
D. Requests to Review Records
i. Unclassified Documents
To help public health researchers identify records most pertinent to their work, as well as
to minimize the impact of the data collection phase on DOE records personnel, data
nneeds should be discussed with DOE (and for NNSA sites, NNSA) and contractor
records management staff prior to submitting formal written requests. The DOE/NNSA
point of contact is responsible for coordinating such discussions. In general, public
health researchers are permitted to review any unclassified DOE-owned records that
contribute to the successful completion of a study.
DOE-HDBK-1209-2012
20
Once these introductory discussions have taken place, public health researchers submit
written requests for records to the DOE site records management staff. All requests for
records review are in writing at the beginning of the study or at any time during the data
collection period. The response is coordinated through the DOE site point of contact
and a copy of the request is sent to HS-10. The written request should be in the form of
itemized lists of specific records boxes or documents. Requests are made at least 10 to
15 working days prior to a site visit although the site may need additional time to make
needed materials available. Unclassified environmental data for public health
assessments does not require a written request but is provided after discussion with the
DOE site point of contact.
Requests for worker rosters needed for ongoing health studies, including FWP projects,
are coordinated by HS-10 through the appropriate PSO.
The DOE/NNSA site records staff coordinate each request with all relevant site
organizations. The records staff notifies DOE and contractor staff if classified records
are included in the request. Site records staff provide the public health researcher with a
timely response to each request, confirming that the records are available for review or
explaining why some or all of the requested information is unavailable.
Unclassified documents are made available at the site for review. Documents stored
offsite at Federal Record Centers and other repositories are recalled to the site unless
other arrangements are made through DOE records management staff.
DOE site records officials determine the status of records that have been checked out of
a repository and provide the requested records as soon as possible. If requested
records cannot be located, the DOE/NNSA site point of contact promptly notifies HS-10,
and if an NNSA site, NNSA-SH-20, and the public health researcher.
If requested records have been destroyed according to approved procedures and
authorized records disposition schedules, the requestor is informed in writing of the date
of destruction.
iv. Classified or Controlled Documents
Section 16
DOE and contractor organizations having custody of classified material are required to
work within the appropriate laws, regulations, and DOE orders when providing access to
site records and when declassifying records to meet the needs of public health
researchers.
Public health researchers with security clearances are considered to have the necessary
“need-to-know” status for access to most site records. “Need-to-know” status means
that a cleared individual needs access to classified information in the performance of
official duties or to satisfy contractual obligations. If necessary, HS-10 provides
verification of this status to the DOE office with custodial responsibility for the records.
Categories of records to which access may be restricted include Work for Others,
DOE-HDBK-1209-2012
21
Special Compartmentalized and Intelligence Information, Weapons Data and Nuclear
Materials Production Data Information, Export Controlled Information, Unclassified
Controlled Nuclear Information and Naval Nuclear Propulsion Information (see Section
“c” below for more information on these types of records).
Within 10 working days, the site point of contact notifies the public health researcher, the
Office of Security, HS-10, and if an NNSA site, also NNSA-SH-20, of any potential
delays pertaining to a request for access to classified documents.
Once a request to review classified documents has been processed by the site
designee, the documents are made available for review. Public health researchers need
to plan their work so that the number of individuals needing access to classified
information is limited.
a) Document Declassification
Declassification activities for the study should be carried out according to DOE
requirements. Periodic meetings should be held to evaluate progress and resolve
problems.
Written requests to declassify, downgrade, or sanitize site documents are submitted
by the public health researcher to the DOE site point of contact. Sanitizing a
document means removing (redacting) sensitive portions of a document to make it
unclassified and available to the public. HS-10 (and for NNSA sites, NNSA-SH-20)
also should be notified of any declassification requests.
If a document is outside the purview of the site declassification staff (i.e., the
classified information relates to another Agency), the DOE/NNSA site point of
contact notifies HS-10 (and for NNSA sites, NNSA-SH-20) for coordination
assistance. The DOE site point of contact also notifies the public health researchers
in writing about the action and provide a time estimate for a decision.
The DOE/NNSA site point of contact provides a written explanation for any document
that cannot be declassified to the public health researcher.
b) Review of Notes, Papers, and Other Information Prepared or Duplicated at a
Site
All notes, papers, computer disks, recordings, photographs, copies, and other
information prepared at a site by public health researchers may be reviewed for
classified, sensitive unclassified, or PII information before the materials are allowed
to leave the site. Such review should be completed within 10 working days unless
the material requires declassification or redaction. Only materials containing
nonsensitive, unclassified information are released to the public health researcher.
Materials containing classified or sensitive information are retained.
Materials containing classified information are discussed with the public health
researcher to determine whether it can be suitably redacted or declassified. The
Section 17
DOE-HDBK-1209-2012
22
DOE/NNSA point of contact is notified if it cannot. If a mutually satisfactory
resolution cannot be reached, the DOE point of contact notifies and requests further
assistance from HS-10.
v. Documents with Special Access Requirements
The following types of information may require special procedures before access is
granted. If access is denied, the DOE point of contact provides written notification within
5 working days to the requester and to HS-10, explaining the reason for denial and
available appeals processes or other possible solutions.
a) Work for Others (WFO)
A DOE/NNSA site cannot release information about work done for other agencies,
countries, or other DOE sites without the data owner’s approval. The DOE/NNSA
site point of contact notifies the Office of Security and the Office of Document
Reviews. The Office of Classified and Controlled Information Review coordinates
and requests permission from other agencies or countries to grant access. For work
performed for other DOE/NNSA sites, the point of contact is the classification officer
or other appropriate management official. If other countries or agencies refuse to
permit disclosure, the request is denied.
b) Sensitive Compartmented Information (SCI)
Access to sensitive compartmented and intelligence information, a category of
classified National Security Information (NSI), must be authorized through DOE
Headquarters and possibly through another Federal Agency. The public health
researcher needs to limit the number of security-cleared individuals requesting
access to this sensitive information.
c) Weapons Data and Nuclear Materials Production Data Information
Access to weapons data and nuclear materials production data information requires
a security clearance through the Headquarters Support Division, NNSA. The DOE
point of contact coordinates the completion of the required form and its submission
and review by the Security Support Division, which should respond within 15 working
days. If processing of the form is significantly delayed, the site point of contact
notifies HS-10 to request further assistance.
d) Export Controlled Information (ECI)
ECI deemed relevant and necessary for the study or public health activity by the
public health researcher is reviewed by the DOE program manager at the site to
determine whether the value of the ECI to a country of national security concern or to
a nuclear proliferant warrants that it be withheld from public disclosure. Every effort
DOE-HDBK-1209-2012
23
is made to provide the information to public health researchers. The Export Control
Division adjudicates any concerns or disputes about the identification and protection
of ECI.
e) Unclassified Controlled Nuclear Information (UCNI)
Documents containing UCNI may have special access or handling requirements.
The DOE records staff provides details to the requester and HS-10 point of contact
with regard to access to and control of UCNI.
f) Naval Nuclear Propulsion Information (NNPI)
The Deputy Administrator for Naval Reactors must approve access to information
regarding the Naval Nuclear Propulsion Program and naval nuclear powered
vessels. If access is granted, it will be to U.S. citizens only.
8. ROLES AND RESPONSIBILITIES
A. DOE’s Former Worker Medical Screening Program (FWP)
Section 18
The U.S. Department of Energy (DOE) Former Worker Medical Screening Program,
otherwise known as the Former Worker Program (FWP), supports the conduct of ongoing
medical screenings for all former DOE Federal, contractor, and subcontractor workers from
all DOE sites across the complex to identify adverse health conditions that may have
resulted from working at DOE facilities.
Mandated by Congress in the Defense Authorization Act of 1993 (Public Law 102-484), the
FWP provides medical screening and examinations to check for adverse health effects that
could be related to radiation, noise, beryllium, asbestos, silica, lead, cadmium, chromium,
solvents, and other occupational exposures.
DOE-HDBK-1209-2012
24
FWP, managed by the DOE Office of Health, Safety and Security (HSS), uses independent
occupational health experts through cooperative agreements held by consortia of
universities, labor unions, and commercial organizations throughout the United States with
expertise in administration of medical programs.
i. Goals of the FWP are:
a) To identify and contact DOE workers who may be at risk for occupational disease
that may have resulted from working at DOE facilities.
b) To conduct appropriate medical screening of former workers who wish to participate
in the program.
c) To provide information and assistance to affected workers in gaining medical care
and compensation for work-related illnesses.
d) To use the collected information to implement controls for current operations in order
to prevent or reduce negative health effects for current and future employees.
vi. Participants
The FWP identifies, notifies, and makes medical screening services available to the
more than 600,000 former employees who worked in the weapons complex during the
past 60 years for DOE or its predecessor agencies. One of the primary challenges is
identifying and locating workers who no longer work within the DOE complex. In order to
identify former workers who may be eligible to participate in this program, HSS works
with DOE Headquarters program offices to obtain rosters of former employees from site
contractors and DOE site offices.
vii. Program Information
All personal and medical information that is collected as part of this program is treated
as confidential and is used only as allowed by the Privacy Act of 1974. All FWP
activities are conducted with the approval of the IRBs of DOE and involved institutions.
All individuals sign an informed consent and Health Insurance Portability and
Accountability Act (HIPAA) authorization prior to participation.
For additional information about the FWP, refer to the website:
http://www.hss.energy.gov/HealthSafety/FWSP/formerworkermed/
B. Occupational Studies and Other Public Health Activities Funded by DOE and
Conducted or Sponsored by HHS
The HHS/CDC energy-related research program seeks to create an interdisciplinary
approach in which occupational and environmental health studies, exposure assessment
and dosimetry, health communication, and community or worker-based involvement efforts
work in unison to answer questions about the potential public health effects of DOE-related
radiation and chemical exposures. The research and public health activity priorities have
DOE-HDBK-1209-2012
25
Section 19
been to address the historical operations of the nuclear weapons complex, to quantify
community or worker exposures, and to study possible health effects of those exposures.
The advancement of science in radiation and/or chemical exposure is aimed at quantifying
the risk to population groups who were exposed to radiation and/or chemicals as a result of
having lived around or having worked in the DOE nuclear weapons complex. The
information gained may assist in the adjustment of radiation and chemical exposure
standards by regulatory or advisory groups. This knowledge may also improve our
capability for early detection and prevention of future radiation and chemically related
cancers and other diseases.
i. National Institute for Occupational Safety and Health (NIOSH)
In 1970, Congress passed the Occupational Safety and Health Act “to assure, so far as
possible, every working man and woman in the Nation safe and healthful working
conditions.” The Act created the National Institute for Occupational Safety and Health
(NIOSH) to identify the causes of work-related diseases and injuries, evaluate the
hazards of new technologies and work practices, create ways to control hazards so that
workers are protected, and recommend occupational safety and health standards.
NIOSH, within its Division of Surveillance, Hazard Evaluations, and Field Studies
(DSHEFS), established the Occupational Energy Research Program (OERP) to conduct
the occupational health research component of the program. NIOSH with DOE has
developed a research agenda with input from a variety of sources, including experts
from different research fields and representatives from labor and community
organizations.
In general, NIOSH has authority, pursuant to 29 U.S.C. sec. 669(a), to conduct health
hazard evaluations (Part 85). NIOSH regulations at 42 CFR 85 and 85a govern the
conduct of such projects, including provisions for initiation and conduct of investigations,
interviews of employees, use of space provided by the employer, and access to the
employer’s records and facilities. Although these regulations do not apply to DOE, DOE
seeks to ensure NIOSH access to DOE facilities consistent with these regulations.
NIOSH health research and related activities at DOE facilities are organized into two
broad categories: occupational health studies and site surveys.
viii. National Center for Environmental Health (NCEH)
In 1980, as an expression of its commitment to solving health problems related to the
environment, CDC established the Center for Environmental Health to focus on
preventing disability, disease, and death due to environmental factors. In 1991,
“National” was added to the center’s name to reflect the breadth of its activities. The
National Center for Environmental Health (NCEH), located in Atlanta, employs personnel
dedicated to carrying out a national environmental health program. In addition to
ongoing research into the health effects of environmental hazards, NCEH provides
immediate response to requests for assistance from States and countries throughout the
world to investigate outbreaks of non-communicable diseases. It operates a world-class
DOE-HDBK-1209-2012
26
laboratory that measures toxicants and their effects on people. NCEH is a leader in
determining the health effects on humans of numerous environmental hazards, both
technological and natural.
Section 20
NCEH, within its Division of Environmental Hazards and Health Effects, established the
Radiation Studies Branch (RSB) to conduct the environmental health research
component of the program. The RSB is structured to ensure an interdisciplinary
approach that links community involvement, environmental dosimetry, radiation
epidemiology, health risk analysis, and health communication.
In general, HHS/Public Health Service/CDC has legislative authority under Section
301(a) of the Public Health Service Act (42 U.S.C. sec. 241) to conduct research into the
health effects of a broad range of environmental hazards and to cooperate with other
appropriate authorities in conducting this such of research. As an Agency within CDC,
NCEH conducts health research and related studies at DOE facilities. The studies are
organized into three general categories: community-based environmental dose
reconstruction, risk analysis, and epidemiologic research.
ix. Agency for Toxic Substances and Disease Registry (ATSDR)
In 1980, Congress created the Agency for Toxic Substances and Disease Registry
(ATSDR) to implement the health-related sections of laws that protect the public from
hazardous wastes and environmental spills of hazardous substances. CERCLA,
commonly known as the “Superfund” Act, provided the congressional mandate to
remove or clean up abandoned and inactive hazardous waste sites and to provide
Federal assistance in toxic emergencies. As the lead Agency within the Public Health
Service for implementing the health-related provisions of CERCLA, ATSDR is charged
under the Superfund Act to assess the presence and nature of health hazards at specific
Superfund sites, to help prevent or reduce further exposure and illness that result from
such exposures, and to expand the knowledge base about health effects from exposure
to hazardous substances.
In 1984, amendments to the Resource Conservation and Recovery Act of 1976 (RCRA),
which provides for the management of legitimate hazardous waste storage or
destruction facilities, authorized ATSDR to conduct public health assessments at these
sites when requested by the Environmental Protection Agency (EPA), States, or
individuals. ATSDR was also authorized to assist EPA in determining which substances
should be regulated and the levels at which substances may pose a threat to human
health.
With the passage of the Superfund Amendments and Reauthorization Act of 1986
(SARA), ATSDR received additional responsibilities in environmental public health. This
act broadened ATSDR’s responsibilities in the areas of public health assessments,
establishment and maintenance of toxicological databases, information dissemination,
and medical education.
DOE-HDBK-1209-2012
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Since 1986, ATSDR has been required by law to conduct a public health assessment at
each of the sites on the EPA National Priorities List. The aim of these evaluations is to
find out if people are being exposed to hazardous substances and, if so, whether that
exposure is harmful and should be stopped or reduced. If appropriate, ATSDR also
conducts public health assessments when petitioned by concerned individuals. Public
health assessments are carried out by environmental and health scientists from ATSDR
and from the States with which ATSDR have cooperative agreements.
C. DOE’s Program of Independent Studies
HS-10 is committed to ensure that studies are conducted by independent public health
Section 21
researchers. This research includes public health activities that primarily focus on the
examination of worker exposures to hazardous substances and to health outcomes that may
have resulted from DOE operations, including, but not limited to, development and
production of nuclear weapons and materials and other nuclear energy-related research.
Other activities include assessments of offsite exposures, evaluations of community health
risks, and risk communication.
This commitment is pursuant to the authorities in the Atomic Energy Act of 1954, as
amended, section 31a (42 U.S.C. § 2051a) and the Energy Reorganization Act of 1974,
section 103(3) (42 U.S.C. § 5813(3)), DOE is authorized to conduct and make arrangements
to conduct research activities relating to the protection of worker health and the health of
communities surrounding DOE sites, and to promote safety relevant to its research and
production activities. To achieve these objectives and ensure the independence of the
studies, DOE (which includes DOE/NNSA Headquarters, site offices, service centers, and
laboratories) guides independent research with universities, national laboratories, and other
resources that can assist in carrying out such studies (Atomic Energy Act, section 161 (42
U.S.C. § 2201); Energy Reorganization Act, section 104(i) (42 U.S.C. § 5814(i)); and the
Economy Act of 1932, as amended (31 U.S.C. §§ 1535 and 1536)).
Appendix 1: DOE Institutional Review Boards (IRBs)
Below is information on contacts for DOE’s Human Subjects Protection Program and DOE’s
IRBs. This information is current as of the date of the issuance of this Access Handbook. For
the latest information, please see the DOE Human Subjects Protection Program website:
http://humansubjects.energy.gov.
DOE’s Human Subjects Protection Program:
DOE has 12 sites that engage in human subjects research. Nine of these sites have their own
internal IRBs and 3 use external IRBs. There are two program managers at DOE Headquarters
responsible for working with these 12 DOE sites, as well as DOE Headquarters program offices
that fund human subjects research within and outside of DOE, and independent researchers
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who conduct research on DOE employees and/or their data. For more information, see:
http://humansubjects.energy.gov/ or contact:
Elizabeth (Libby) White, DOE Human Subjects Protection Program Manager
Email: elizabeth.white@science.doe.gov
John Ordaz, NNSA Human Subjects Protection Program Manager
Email: john.ordaz@nnsa.doe.gov
The Central DOE IRB (CDOEIRB) was established in January 2010 by four DOE Headquarters
organizations: SC, HSS, NNSA, and the Office of Intelligence and Counterintelligence. The
CDOEIRB serves as DOE’s IRB of Record for purposes of satisfying the human subjects
protection requirements of the DOE for study protocols that involve: 1) beryllium (Be)-related
studies sponsored or conducted by DOE facilities or involving the DOE workforce; (2) the
Former Worker Medical Screening Program; (3) multi-site research focused on the health and/or
productivity of current workers at DOE sites; (4) human terrain mapping projects for DOE sites
that do not manage or operate their own internal IRB; and (5) a portion of the energy efficiency
studies sponsored by DOE. DOE has used a Central IRB since 2001, but the earlier IRB
focused only on beryllium-related studies.
Contact:
Becky Hawkins, CDOEIRB Administrator
Section 22
Email: mailto:becky.hawkins@orise.orau.gov
Darcy Mallon, CDOEIRB Associate Administrator
Email: mallon@bnl.gov
DOE Site IRBs
Argonne National Laboratory (ANL - uses the University of Chicago IRB):
Contact: Gail Van Gorp, Human Subjects Protection Program Manager
Email: gvangorp@anl.gov
Ames Laboratory
Contact: Jim Withers, Ames Laboratory, Office of Environment, Safety, and Health
Email: withers@ameslab.gov
Brookhaven National Laboratory (BNL - uses the Stony Brook IRB):
http://www.bnl.gov/ora/ora.asp
Contact: Darcy Mallon, Human Subjects Protection Program Manager
Email: mallon@bnl.gov
Fermi National Accelerator Laboratory (FNAL – uses the Oak Ridge Site-wide IRB)
Contact: John B. Dawson, Human Subjects Protection Program Manager
Email: jbdawson@fnal.gov
Idaho National Laboratory (INL):
https://inlportal.inl.gov/portal/server.pt/community/inl_portal_support/547
Contact: Dena Tomchak, Human Subjects Protection Program Manager
Email: dena.tomchak@inl.gov
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Lawrence Berkeley National Laboratory
Contact: Chris Byrne, Human Subjects Protection Program Manager
Email: cebyrne@lbl.gov
Lawrence Livermore National Laboratory
Contact: Ann-Marie Dake, LLNL Human Subjects Protection Program Manager
Email: dake1@llnl.gov
Los Alamos National Laboratory:
Contact: Donna Leshne, LANL Human Subjects Protection Program Manager
Email: dleshne@lanl.gov
Oak Ridge National Laboratory, Oak Ridge Institute for Science and Education, Y-12, or K-25:
http://orise.orau.gov/orisehumansubjects/
Contact: Becky Hawkins, Human Subjects Protection Program Manager
Email: becky.hawkins@orise.orau.gov
Pacific Northwest National Laboratory (PNNL):
Contact: Kathy Ertell, Human Subjects Protection Program Manager
Email: katherine.ertell@pnnl.gov
Sandia National Laboratory (SNL):
http:www.sandia.gov/health/hsb/index.html
Contact: Terry Reser, Human Subjects Protection Program Manager
Email: treser@sandia.gov
Savannah River Site (SRS):
Contact: Karen Brown, Human Subjects Protection Program Manager
Email: karent.brown@srs.gov