[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: 20CFR30.5]



[Page 83-87]

 

                      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 A_General Provisions

 

Sec.  30.5  What are the definitions used in this part?



    (a) Act or EEOICPA means the Energy Employees Occupational Illness 

Compensation Program Act of 2000, as amended (42 U.S.C. 7384 et seq.).

    (b) Atomic weapon means any device utilizing atomic energy, 

exclusive of the means for transporting or propelling the device (where 

such means is a separable and divisible part of the device), the 

principle purpose of which is for use as, or for development of, a 

weapon, a weapon prototype, or a weapon test device.

    (c) Atomic weapons employee means:

    (1) An individual employed by an atomic weapons employer during a 

period when the employer was processing or producing, for the use by the 

United States, material that emitted radiation and was used in the 

production of an atomic weapon, excluding uranium mining and milling; or

    (2)(i) An individual employed at a facility that the National 

Institute for Occupational Safety and Health reported had a potential 

for significant residual contamination outside of the period described 

in paragraph (c)(1) of this section;

    (ii) By the atomic weapons employer that owned the facility referred 

to in paragraph (c)(2)(i) of this section, or a subsequent owner or 

operator of such facility; and

    (iii) During a period reported by the National Institute for 

Occupational Safety and Health (NIOSH), 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, to have a potential



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for significant residual radioactive contamination.

    (d) Atomic weapons employer means any entity, other than the United 

States, that:

    (1) Processed or produced, for use by the United States, material 

that emitted radiation and was used in the production of an atomic 

weapon, excluding uranium mining and milling; and

    (2) Is designated by the Secretary of Energy as an atomic weapons 

employer for purposes of the compensation program.

    (e) Atomic weapons employer facility means any facility, owned by an 

atomic weapons employer, that:

    (1) Is or was used to process or produce, for use by the United 

States, material that emitted radiation and was used in the production 

of an atomic weapon, excluding uranium mining or milling; and

    (2) Is designated as such in the list periodically published in the 

Federal Register by DOE.

    (f) Attorney General means the Attorney General of the United States 

or the United States Department of Justice (DOJ).

    (g) Benefit or Compensation means the money the Department pays to 

or on behalf of either a covered Part B employee under Part B, or a 

covered Part E employee under Part E, from the Energy Employees 

Occupational Illness Compensation Fund. However, the term 

``compensation'' used in section 7385f(b) of EEOICPA (restricting 

entitlement to only one payment of compensation under Part B) means only 

the payments specified in section 7384s(a)(1) and in section 7384u(a). 

Except as used in section 7385f(b), these two terms also include any 

other amounts paid out of the Fund for such things as medical treatment, 

monitoring, examinations, services, appliances and supplies as well as 

for transportation and expenses incident to the securing of such medical 

treatment, monitoring, examinations, services, appliances, and supplies.

    (h) Beryllium sensitization or sensitivity means that the individual 

has an abnormal beryllium lymphocyte proliferation test (LPT) performed 

on either blood or lung lavage cells.

    (i) Beryllium vendor means the specific corporations and named 

predecessor corporations listed in section 7384l(6) of the Act and any 

of the facilities designated as such in the list periodically published 

in the Federal Register by DOE.

    (j) Chronic silicosis means a non-malignant lung disease if:

    (1) The initial occupational exposure to silica dust preceded the 

onset of silicosis by at least 10 years; and

    (2) A written diagnosis of silicosis is made by a medical doctor and 

is accompanied by:

    (i) A chest radiograph, interpreted by an individual certified by 

the National Institute for Occupational Safety and Health as a B reader, 

classifying the existence of pneumoconioses of category 1/0 or higher; 

or

    (ii) Results from a computer assisted tomograph or other imaging 

technique that are consistent with silicosis; or

    (iii) Lung biopsy findings consistent with silicosis.

    (k) Claim means a written assertion to OWCP of an individual's 

entitlement to benefits under EEOICPA, submitted in a manner authorized 

by this part.

    (l) Claimant means the individual who is alleged to satisfy the 

criteria for compensation under the Act.

    (m) Compensation fund or fund means the fund established on the 

books of the Treasury for payment of benefits and compensation under the 

Act.

    (n) Contemporaneous record means any document created at or around 

the time of the event that is recorded in the document.

    (o) Covered beryllium illness means any of the following:

    (1) Beryllium sensitivity as established by an abnormal LPT 

performed on either blood or lung lavage cells.

    (2) Established chronic beryllium disease (see Sec.  30.207(c)).

    (3) Any injury, illness, impairment, or disability sustained as a 

consequence of a covered beryllium illness referred to in paragraphs 

(o)(1) or (2) of this section.

    (p) Covered Part E employee means, under Part E of the Act, a 

Department of Energy contractor employee or a RECA section 5 uranium 

worker who has been determined by OWCP to have



[[Page 85]]



contracted a covered illness (see paragraph (r) of this section) through 

exposure at a Department of Energy facility or a RECA section 5 

facility, as appropriate.

    (q) Covered Part B employee means, under Part B of the Act, a 

covered beryllium employee (see Sec.  30.205), a covered employee with 

cancer (see Sec.  30.210(a)), a covered employee with chronic silicosis 

(see Sec.  30.220), or a covered uranium employee (see paragraph (s) of 

this section).

    (r) Covered illness means, under Part E of the Act relating to 

exposures at a DOE facility or a RECA section 5 facility, an illness or 

death resulting from exposure to a toxic substance.

    (s) Covered uranium employee means, under Part B of the Act, an 

individual who has been determined by DOJ to be entitled to an award 

under section 5 of the RECA, whether or not the individual was the 

employee or the deceased employee's survivor.

    (t) Current or former employee as defined in 5 U.S.C. 8101(1) as 

used in Sec.  30.205(a)(1) means an individual who fits within one of 

the following listed groups:

    (1) A civil officer or employee in any branch of the Government of 

the United States, including an officer or employee of an 

instrumentality wholly owned by the United States;

    (2) An individual rendering personal service to the United States 

similar to the service of a civil officer or employee of the United 

States, without pay or for nominal pay, when a statute authorizes the 

acceptance or use of the service, or authorizes payment of travel or 

other expenses of the individual;

    (3) An individual, other than an independent contractor or 

individual employed by an independent contractor, employed on the 

Menominee Indian Reservation in Wisconsin in operations conducted under 

a statute relating to tribal timber and logging operations on that 

reservation;

    (4) An individual appointed to a position on the office staff of a 

former President; or

    (5) An individual selected and serving as a Federal petit or grand 

juror.

    (u) Department means the United States Department of Labor (DOL).

    (v) Department of Energy or DOE includes the predecessor agencies of 

the DOE, including the Manhattan Engineering District.

    (w) Department of Energy contractor employee means any of the 

following:

    (1) An individual who is or was in residence at a DOE facility as a 

researcher for one or more periods aggregating at least 24 months.

    (2) An individual who is or was employed at a DOE facility by:

    (i) An entity that contracted with the DOE to provide management and 

operating, management and integration, or environmental remediation at 

the facility; or

    (ii) A contractor or subcontractor that provided services, including 

construction and maintenance, at the facility.

    (x)(1) Department of Energy facility means, as determined by the 

Director of OWCP, any building, structure, or premise, including the 

grounds upon which such building, structure, or premise is located:

    (i) In which operations are, or have been, conducted by, or on 

behalf of, the DOE (except for buildings, structures, premises, grounds, 

or operations covered by E.O. 12344, dated February 1, 1982, pertaining 

to the Naval Nuclear Propulsion Program); and

    (ii) With regard to which the DOE has or had:

    (A) A proprietary interest; or

    (B) Entered into a contract with an entity to provide management and 

operation, management and integration, environmental remediation 

services, construction, or maintenance services.

    (2) DOL hereby adopts the list of facilities established by the 

Department of Energy that is in effect on the date of the publication of 

this Interim Final Rule. DOL will periodically update this list as it 

deems appropriate in its sole discretion by publishing a revised list of 

covered facilities in the Federal Register.

    (y) Disability means, for purposes of determining entitlement to 

payment of Part B benefits under section 7384s(a)(1) of the Act, having 

been determined by OWCP to have or have had established chronic 

beryllium disease, cancer, or chronic silicosis.



[[Page 86]]



    (z) Eligible surviving beneficiary means any individual who is 

entitled under sections 7384s(e), 7384u(e), or 7385s-3(c) and (d) of the 

Act to receive a payment on behalf of a deceased covered Part B employee 

or a deceased covered Part E employee.

    (aa) Employee means either a current or former employee.

    (bb) Occupational illness means, under Part B of the Act, a covered 

beryllium illness, cancer sustained in the performance of duty as 

defined in Sec.  30.210(a), specified cancer, chronic silicosis, or an 

illness for which DOJ has awarded compensation under section 5 of RECA.

    (cc) OWCP means the Office of Workers' Compensation Programs, United 

States Department of Labor. One of the four divisions of OWCP is the 

Division of Energy Employees Occupational Illness Compensation.

    (dd) Physician includes surgeons, podiatrists, dentists, clinical 

psychologists, optometrists, chiropractors, and osteopathic 

practitioners within the scope of their practice as defined by state 

law. The term ``physician'' includes chiropractors only to the extent 

that their reimbursable services are limited to treatment consisting of 

manual manipulation of the spine to correct a subluxation as 

demonstrated by x-ray to exist.

    (ee) Qualified physician means any physician who has not been 

excluded under the provisions of subpart H of this part. Except as 

otherwise provided by regulation, a qualified physician shall be deemed 

to be designated or approved by OWCP.

    (ff) Specified cancer (as defined in section 4(b)(2) of RECA and in 

the EEOICPA) means:

    (1) Leukemia (other than chronic lymphocytic leukemia) provided that 

the onset of the disease was at least 2 years after first exposure;

    (2) Lung cancer (other than in situ lung cancer that is discovered 

during or after a post-mortem exam);

    (3) Bone cancer;

    (4) Renal cancers; or

    (5) The following diseases, provided onset was at least 5 years 

after first exposure:

    (i) Multiple myeloma;

    (ii) Lymphomas (other than Hodgkin's disease); and

    (iii) Primary cancer of the:

    (A) Thyroid;

    (B) Male or female breast;

    (C) Esophagus;

    (D) Stomach;

    (E) Pharynx;

    (F) Small intestine;

    (G) Pancreas;

    (H) Bile ducts;

    (I) Gall bladder;

    (J) Salivary gland;

    (K) Urinary bladder;

    (L) Brain;

    (M) Colon;

    (N) Ovary; or

    (O) Liver (except if cirrhosis or hepatitis B is indicated).

    (6) The specified diseases designated in this section mean the 

physiological condition or conditions that are recognized by the 

National Cancer Institute under those names or nomenclature, or under 

any previously accepted or commonly used names or nomenclature.

    (gg) Survivor means:

    (1) For claims under Part B of the Act, and subject to paragraph 

(gg)(3) of this section, a surviving spouse, child, parent, grandchild 

and grandparent of a deceased covered Part B employee.

    (2) For claims under Part E of the Act, and subject to paragraph 

(gg)(3) of this section, a surviving spouse and child of a deceased 

covered Part E employee.

    (3) Those individuals listed in paragraphs (gg)(1) and (gg)(2) of 

this section do not include any individuals not living as of the time 

OWCP makes a lump-sum payment or payments to an eligible surviving 

beneficiary or beneficiaries.

    (hh) Time of injury means:

    (1) In regard to a claim arising out of exposure to beryllium or 

silica, the last date on which a covered Part B employee was exposed to 

such substance in the performance of duty in accordance with sections 

7384n(a) or 7384r(c) of the Act; or

    (2) In regard to a claim arising out of exposure to radiation under 

Part B, the last date on which a covered Part B employee was exposed to 

radiation in the performance of duty in accordance with section 7384n(b) 

of the Act or, in



[[Page 87]]



the case of a member of the Special Exposure Cohort, the last date on 

which the member of the Special Exposure Cohort was employed at the 

Department of Energy facility or the atomic weapons employer facility at 

which the member was exposed to radiation; or

    (3) In regard to a claim arising out of exposure to a toxic 

substance, the last date on which a covered Part E employee was employed 

at the Department of Energy facility or RECA section 5 facility, as 

appropriate, at which the exposure took place.

    (ii) Toxic substance means any material that has the potential to 

cause illness or death because of its radioactive, chemical, or 

biological nature.

    (jj) Workday means a single workshift whether or not it occurred on 

more than one calendar day.



                     Information in Program Records