and so on. NIOSH relies on the few existing records
about the uranium work at Bethlehem, Elliott says, and the
formula 2000 skews toward the inhalation of uranium dust, thus
putting a premium on lung and kidney cancer, and leukemia.
Critics argue the formula 2000 is flawed. They say NIOSH doesn't
have enough information to accurately determine individual
dosages. When first creating the formula, officials failed to
interview retired employees or to visit the bar mill. Instead, they
substituted data from a neighboring mill, in Lockport, New York.
"The model assumes that you can be precise about an individual's
exposure," says Melius, of the Laborers Union, who sits on an
advisory board overseeing the process. But because of the minimal
records, he explains, "It's an almost impossible task to piece
together."
The result? A lot of people have had their claims unfairly denied—
at least, that's what Early thinks. He handled the uranium, and
has suffered from rectal cancer for 17 years. In 1987, he underwent
surgery in which three tumors, his appendix, and his gall bladder
were removed. Yet he's been denied compensation—twice.
"They said it wasn't bad enough," he says, referring to his estimated
dosage. Lifting his Hawaiian shirt and poking at his colostomy bag,
he asks, "See this? You call that not bad enough?"
The denials have left people angry and bitter. . .
"It's wrong," says Walker, who has filed three claims, all denied.
"It's unjust, and the government should own up to it."
To that end, the families have formed two groups—the Bethlehem
Steel Radiation Victims and Survivors, and the Bethlehem Steel
Claimants Action Group — numbering some 300 members in total.
They've taken their fight public, protesting outside government
offices, writing letters, and making themselves a general pain for
bureaucrats. Last year they scored big when a
199-page audit found serious flaws in NIOSH's
system for evaluating their claims.
NIOSH's Elliott admits the audit has forced the agency to review
its ways. But he also insists the process is working. "We've built
a solid method," he argues, adding that none of the 300-plus
claims denied have been overturned on appeal. "We're confident
that we are not missing any claimant who really deserves to be
compensated."
