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Note: An Annual Comprehensive Review, as required by §7 of the Federal Advisory Committee Act, is conducted each year on committee data entered for the previous fiscal year (referred to as the reporting year). The data for the reporting year is not considered verified until this review is complete and the data is moved to history for an agency/department. See the Data From Previous Years section at the bottom of this page for the committee’s historical, verified data.


DOL - 2545 - Advisory Board on Toxic Substances and Worker Health - Statutory (Congress Created)
Hide Section - GENERAL INFORMATION

GENERAL INFORMATION

Committee NameAdvisory Board on Toxic Substances and Worker HealthAgency NameDepartment of Labor
Fiscal Year2020Committee Number2545
Original Establishment Date6/26/2015Committee StatusChartered
Actual Termination Date Committee URLhttps://www.dol.gov/agencies/owcp/about/Advisor...
New Committee This FYNoPresidential Appointments*No
Terminated This FYNoMax Number of Members*15
Current Charter Date6/28/2019Designated Fed Officer Position Title*Director, DLHWC, OWCP
Date Of Renewal Charter6/28/2021Designated Federal Officer Prefix
Projected Termination Date12/19/2024Designated Federal Officer First Name*Michael
Exempt From Renewal*NoDesignated Federal Officer Middle Name
Specific Termination AuthorityPub. L. 115-91Designated Federal Officer Last Name*Chance
Establishment Authority*Statutory (Congress Created)Designated Federal Officer Suffix
Specific Establishment Authority*Pub. L. 113-291Designated Federal Officer Phone*(202) 693-0046
Effective Date Of Authority*12/19/2014Designated Federal Officer Fax*(202) 693-1380
Exempt From EO 13875 Discretionary CmteNot ApplicableDesignated Federal Officer Email*chance.michael@dol.gov
Committee Type*Continuing
Presidential*No
Committee Function*Scientific Technical Program Advisory Board
Hide Section - RECOMMENDATION/JUSTIFICATIONS

RECOMMENDATION/JUSTIFICATIONS

Agency Recommendation*Continue
Legislation to Terminate RequiredNot Applicable
Legislation StatusNot Applicable
How does cmte accomplish its purpose?*The Advisory Board on Toxic Substances and Worker Health (Advisory Board or Board) advises the Secretary of Labor with respect to: 1) the Site Exposure Matrices (SEM) of the Department; 2) medical guidance for claims examiners for claims with the EEOICPA program, with respect to the weighing of the medical evidence of claimants; 3) evidentiary requirements for claims under EEOICPA subtitle B related to lung disease; 4) the work of industrial hygienists and staff physicians and consulting physicians of the Department of Labor and reports of such hygienists and physicians to ensure quality, objectivity, and consistency; 5) the claims adjudication process generally, including review of procedure manual changes prior to incorporation into the manual and claims for medical benefits; and 6) such other matters as the Secretary considers appropriate. The Board discussed some topics as a full Board and also forms working groups around certain topics of interest. The working groups report their work to the full Board.
How is membership balanced?*The Advisory Board is composed of 12 members appointed by the Secretary. Pursuant to Section 3687(a)(2), membership must reflect a balance of perspectives from the scientific, medical and claimant communities. The Department of Labor intends that one-third of the membership is from the scientific community, one-third from the medical community, and one-third from the claimant community. Thus, the Advisory Board reflects a reasonable balance of scientific, medical, and claimant representatives to address the tasks assigned to the Advisory Board.
How frequent & relevant are cmte mtgs?*The Advisory Board charter provides that it will meet at least twice per year through its sunset date of December 19, 2024. The full Advisory Board met four times in FY 2020, once in person and three times via teleconference/webex.
Why advice can't be obtained elsewhere?*The Advisory Board is statutorily required.
Why close or partially close meetings?To date, all meetings have been open to the public. Meetings will remain open to the public except as otherwise determined by the Secretary, in accordance with the Government in the Sunshine Act (5 U.S.C. 552b(c)) and Section 10(d) of the FACA. Notice of all meetings is given to the public.
Recommendation RemarksThe Advisory Board's legislation originally specified a sunset date five years after enactment. See Section 3141(a) of the National Defense Authorization Act of 2015, Pub. L. 113-291 (December 19, 2014), which added Section 3687 to Pub. L. 106-398. Subsequently in 2017, Section 3687(i) was amended adding five years to the Board's active life. The Advisory Board will terminate on December 19, 2024.
Hide Section - PERFORMANCE MEASURES

PERFORMANCE MEASURES

Outcome Improvement To Health Or Safety*NoAction Reorganize Priorities*Yes
Outcome Trust In GovernmentYesAction Reallocate ResourcesNo
Outcome Major Policy ChangesNoAction Issued New RegulationsNo
Outcome Advance In Scientific ResearchNoAction Proposed LegislationNo
Outcome Effective Grant MakingNoAction Approved Grants Or Other PaymentsNo
Outcome Improved Service DeliveryYesAction OtherYes
Outcome Increased Customer SatisfactionYesAction CommentThe Division of Energy Employees Occupational Illness Compensation (DEEOIC) reviewed/evaluated the comments received in response to the Notice of Proposed Rulemaking. The new regulations have been issued. DEEOIC Circular 15-04 has been rescinded. DEEOIC is working with the Board on including relevant updates to the SEM; using and evaluating an updated Occupational History Questionnaire; implementing procedures to allow industrial hygienists and claims examiners to speak with claimants and Claims Examiners when appropriate; leveraging technology to allow electronic access to claim files for claimants; implementing uniform (but not dispositive) guidance for physicians on various claimed conditions; and analyzing Board comments in conjunction with other expert advice to decide how best to edit the procedure manual on various topics. The Energy program has also provided voluminous data to the Board in response to several specific requests, and has provided encrypted electronic claims in their entirety on several different medical conditions and with various adjudicatory commonalities (such as Industrial Hygienist or Contract Medical Consultant reports).
Outcome Implement Laws/Reg RequirementsYesGrants Review*No
Outcome OtherNoNumber Of Grants Reviewed0
Outcome CommentCongress enacted the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA; 42 USC 7384 et seq.) to provide fair and timely benefits to workers who contracted illnesses related to exposure to radiation or other toxic substances while employed by the Department of Energy or its contractors. The statute specifically provides lump-sum compensation and health benefits to eligible DOE nuclear weapons workers (including employees, former employees, contractors and subcontractors) and lump-sum compensation to certain survivors if the worker is deceased. The Advisory Board is tasked with providing specific categories of technical advice to the Secretary of Labor regarding EEOICPA.Number Of Grants Recommended0
Cost Savings*Unable to DetermineDollar Value Of Grants Recommended$0.00
Cost Savings CommentThe Advisory Board was not created as a cost savings initiative.Grants Review CommentNot Applicable
Number Of Recommendations*24Access Contact Designated Fed. Officer*Yes
Number Of Recommendations CommentThe Advisory Board submitted comments to the DEEOIC proposed rulemaking (RIN 1240-AA08), following its April 2016 meeting. The comments were filed on regulations.gov by the Chair on behalf of the Advisory Board. Since then, the Advisory Board has submitted new recommendations or follow-up recommendations on 23 different topics. Four of these have been fully implemented and thirteen are in progress.Access Agency WebsiteYes
% of Recs Fully Implemented*17.00%Access Committee WebsiteYes
% of Recs Fully Implemented CommentThe comments on the proposed regulations were received and considered. The regulations themselves have been issued. With regard to the meeting recommendations on 23 topics, four have been fully implemented and thirteen are in progress.Access GSA FACA WebsiteYes
% of Recs Partially Implemented*57.00%Access PublicationsNo
% of Recs Partially Implemented CommentSee comment reported in the "% of Recs Fully Implemented Comment." field.Access OtherNo
Agency Feedback*YesAccess CommentThe Advisory Board's website is linked from the OWCP website: https://www.dol.gov/agencies/owcp/about/AdvisoryBoard. Advisory Board materials which are releasable to the public, once available, are posted here, including meeting materials, recommendations, and public comments.
Agency Feedback Comment*The Department issued written responses to all the recommendations (or revised recommendations) that have been submitted by the Board through FY20. See https://www.dol.gov/agencies/owcp/about/AdvisoryBoard, Recommendations tab.Narrative Description*The Advisory Board is statutorily required.
Hide Section - COSTS

COSTS

Payments to Non-Federal Members*$0.00Est Payments to Non-Fed Members Next FY*$0.00
Payments to Federal Members*$0.00Est. Payments to Fed Members Next FY*$0.00
Payments to Federal Staff*$151,284.00Estimated Payments to Federal Staff*$158,872.00
Payments to Consultants*$188,426.85Est. Payments to Consultants Next FY*$196,870.00
Travel Reimb. For Non-Federal Members*$13,242.00Est Travel Reimb Non-Fed Members nextFY*$34,000.00
Travel Reimb. For Federal Members*$0.00Est Travel Reimb For Fed Members*$0.00
Travel Reimb. For Federal Staff*$4,016.00Est. Travel Reimb to Fed Staff Next FY*$5,000.00
Travel Reimb. For Consultants*$0.00Est Travel Reimb to Consultants Next FY*$0.00
Other Costs$31,442.00Est. Other Costs Next FY*$32,440.00
Total Costs$388,410.85Est. Total Next FY*$427,182.00
Federal Staff Support (FTE)*1.00Est. Fed Staff Support Next FY*1.00
Cost RemarksEst Cost Remarks
Hide Section - Interest Areas

Interest Areas

Category
Area
Eligibility
Eligibility Programs
Government
Federal Government
Health
Health Care
Radiation Protection
Medicine
Health and Health Research
Illnesses
Radioactive Materials
Hide Section - MEMBERS,MEETINGS AND ADVISORY REPORTS

MEMBERS,MEETINGS AND ADVISORY REPORTS

To View all the members, meetings and advisory reports for this committee please click here
Hide Section - SUBCOMMITTEES

SUBCOMMITTEES

Committee

Subcommittees

ActionCommittee System IDSubcommittee NameFiscal Year
 COM-032438Evidentiary Requirements for Part B Lung Disease2020
 COM-032412IH&CMC and Their Reports2020
 COM-032405Medical Advice re: Weighing Medical Evidence2020
 COM-032444Site Exposure Matrices (SEM)2020
 COM-032389Working Group on Presumptions2020
Hide Section - CHARTERS AND RELATED DOCS

CHARTERS AND RELATED DOCS

No Documents Found
Hide Section - DATA FROM PREVIOUS YEARS

DATA FROM PREVIOUS YEARS

Committee

Data from Previous Years

 
ActionCommittee System IDCommittee NameFiscal Year
 COM-035629Advisory Board on Toxic Substances and Worker Health2019
 COM-032701Advisory Board on Toxic Substances and Worker Health2018
 COM-001515Advisory Board on Toxic Substances and Worker Health2017
 COM-002822Advisory Board on Toxic Substances and Worker Health2016
 COM-003728Advisory Board on Toxic Substances and Worker Health2015