10 U.S.C. § 6263: Program to monitor…

Summary

The Secretary of Energy must set up and run a program to find and give ongoing medical checks for current and former Department of Energy workers who faced significant health risks from hazardous or radioactive materials while working. The Secretary must write rules for the program with the agreement of the Secretary of Health and Human Services. Those rules must, as much as possible, identify the harmful substances, find workers who had risky levels of exposure, decide what medical exams and lab tests are needed and how often, give those exams and tests, keep medical information private, and make the program voluntary. Workers must be told their test results in plain language. The Secretary must collect the test information, consult with the American College of Occupational and Environmental Medicine, the National Academy of Sciences, the National Council on Radiation Protection and Measurements, and relevant labor groups, and start the program by October 23, 1993, after making an agreement with HHS by April 23, 1993. The Secretary of Health and Human Services, with help from the CDC, NIOSH, and the Labor Secretary, must identify the exposure levels that count as significant. A “Department of Energy employee” includes contractors and subcontractors at a DOE defense nuclear facility (that facility term is defined in section 6243(f)).

Title 10, §6263

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(a)In General.—

The Secretary of Energy shall establish and carry out a program for the identification and on-going medical evaluation of current and former Department of Energy employees who are subject to significant health risks as a result of the exposure of such employees to hazardous or radioactive substances during such employment.

(b)Implementation of Program.—

(1)The Secretary shall, with the concurrence of the Secretary of Health and Human Services, issue regulations under which the Secretary shall implement the program. Such regulations shall, to the extent practicable, provide for a process to—

(A)identify the hazardous substances and radioactive substances to which current and former Department of Energy employees may have been exposed as a result of such employment;

(B)identify employees referred to in subparagraph (A) who received a level of exposure identified under paragraph (2)(B);

(C)determine the appropriate number, scope, and frequency of medical evaluations and laboratory tests to be provided to employees who have received a level of exposure identified under paragraph (2)(B) to permit the Secretary to evaluate fully the extent, nature, and medical consequences of such exposure;

(D)make available the evaluations and tests referred to in subparagraph (C) to the employees referred to in such subparagraph;

(E)ensure that privacy is maintained with respect to medical information that personally identifies any such employee; and

(F)ensure that employee participation in the program is voluntary.

(2)(A)In determining the most appropriate means of carrying out the activities referred to in subparagraphs (A) through (D) of paragraph (1), the Secretary shall consult with the Secretary of Health and Human Services under the agreement referred to in subsection (c).

(B)The Secretary of Health and Human Services, with the assistance of the Director of the Centers for Disease Control and Prevention and the Director of the National Institute for Occupational Safety and Health, and the Secretary of Labor shall identify the levels of exposure to the substances referred to in subparagraph (A) of paragraph (1) that present employees referred to in such subparagraph with significant health risks under Federal and State occupational, health, and safety standards.

(3)In prescribing the guidelines referred to in paragraph (1), the Secretary shall consult with representatives of the following entities:

(A)The American College of Occupational and Environmental Medicine.

(B)The National Academy of Sciences.

(C)The National Council on Radiation Protection and Measurements.

(D)Any labor organization or other collective bargaining agent authorized to act on the behalf of employees of a Department of Energy defense nuclear facility.

(4)The Secretary shall provide for each employee identified under paragraph (1)(B) and provided with any medical examination or test under paragraph (1) to be notified by the appropriate medical personnel of the identification and the results of any such examination or test. Each notification under this paragraph shall be provided in a form that is readily understandable by the employee.

(5)The Secretary shall collect and assemble information relating to the examinations and tests carried out under paragraph (1).

(6)The Secretary shall commence carrying out the program described in this subsection not later than October 23, 1993.

(c)Agreement With Secretary of Health and Human Services.—

Not later than April 23, 1993, the Secretary shall enter into an agreement with the Secretary of Health and Human Services relating to the establishment and conduct of the program required and regulations issued under this section.

(d)Definitions.—

In this section: (1)

(2)The term “Department of Energy employee” means any employee of the Department of Energy employed at a Department of Energy defense nuclear facility, including any employee of a contractor or subcontractor of the Department of Energy employed at such a facility.

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2733 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.

§6263 Program to Monitor Department of Energy Workers Exposed to Hazardous and Radioactive Substances

Summary

Title 10, §6263

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Citations & Metadata