[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR30.206]



[Page 94-95]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 30_CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL 

ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED--Table of Contents

 

                     Subpart C_Eligibility Criteria

 

Sec.  30.206  How does a claimant prove that the employee was a 

``covered beryllium employee'' exposed to beryllium dust, particles 

or vapor in the performance of duty?



    (a) Proof of employment at or physical presence at a DOE facility, 

or a facility owned, operated, or occupied by a beryllium vendor, 

because of employment by the United States, a beryllium



[[Page 95]]



vendor, or a contractor or subcontractor of a beryllium vendor during a 

period when beryllium dust, particles, or vapor may have been present at 

such a facility, may be made by the submission of any trustworthy 

records that, on their face or in conjunction with other such records, 

establish that the employee was employed or present at a covered 

facility and the time period of such employment or presence.

    (b) If the evidence shows that exposure occurred while the employee 

was employed or present at a facility during a time frame that is 

outside the relevant time frame indicated for that facility by DOE, OWCP 

may request that DOE provide additional information on the facility. 

OWCP will determine whether the evidence of record supports enlarging 

the relevant time frame for that facility.

    (c) If the evidence shows that exposure occurred while the employee 

was employed or present at a facility that would have to be designated 

by DOE as a beryllium vendor under section 7384m of the Act to be a 

covered facility, and that the facility has not been so designated, OWCP 

will deny the claim on the ground that the facility is not a covered 

facility.

    (d) Records from the following sources may be considered as evidence 

for purposes of establishing employment or presence at a covered 

facility:

    (1) Records or documents created by any federal government agency 

(including verified information submitted for security clearance), any 

tribal government, or any state, county, city or local government 

office, agency, department, board or other entity, or other public 

agency or office.

    (2) Records or documents created by any vendor, processor, or 

producer of beryllium or related products designated as a beryllium 

vendor by the DOE in accordance with section 7384m of the Act.

    (3) Records or documents created as a by product of any regularly 

conducted business activity or by an entity that acted as a contractor 

or subcontractor to the DOE.