[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: 20CFR30.212]



[Page 96-97]

 

                      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.  30.212  How does a claimant establish that the employee contracted 

cancer after beginning employment at a DOE facility, an atomic weapons 

employer facility or a RECA section 5 facility?



    (a) Proof of employment by the DOE or a DOE contractor at a DOE 

facility, or by an atomic weapons employer at



[[Page 97]]



an atomic weapons employer facility, or at a RECA section 5 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 so employed and the time period(s) of such employment.

    (b)(1) Except as provided in paragraph (b)(2) of this section, if 

the evidence shows that exposure occurred while the employee was 

employed at a facility during a time frame that is outside the relevant 

period 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 period 

for that facility.

    (2) OWCP may choose not to request that DOE provide additional 

information on an atomic weapons employer facility that NIOSH reported 

had a potential for significant residual radiation contamination in its 

report dated October 2003 and titled ``Report on Residual Radioactive 

and Beryllium Contamination at Atomic Weapons Employer Facilities and 

Beryllium Vendor Facilities,'' or any update to that report, if the 

evidence referred to in paragraph (a) of this section establishes that 

the employee was employed at that facility during a period when NIOSH 

reported that it had a potential for significant residual radiation 

contamination.

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

was employed by an employer that would have to be designated by DOE as 

an atomic weapons employer under section 7384l(4) of the Act to be a 

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

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

atomic weapons employer.

    (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 as a byproduct of any regularly 

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

or subcontractor to the DOE.