[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR30.205]

[Page 94]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
CHAPTER I--OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR
 
PART 30_CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL 
 
                     Subpart C_Eligibility Criteria
 
Sec.  30.205  What are the criteria for eligibility for benefits relating to 

beryllium illnesses covered under Part B of EEOICPA?

    To establish eligibility for benefits under this section, the 
claimant must establish the criteria set forth in both paragraphs (a) 
and (b) of this section:
    (a) The employee is a covered beryllium employee only if the 
criteria in paragraphs (a)(1) and (a)(3) of this section, or (a)(2) and 
(a)(3) of this section, are established:
    (1) The employee is a ``current or former employee as defined in 5 
U.S.C. 8101(1)'' (see Sec.  30.5(t) of this part) who may have been 
exposed to beryllium at a DOE facility or at a facility owned, operated, 
or occupied by a beryllium vendor; or
    (2) The employee is a current or former civilian employee of:
    (i) Any entity that contracted with the DOE to provide management 
and operation, management and integration, or environmental remediation 
of a DOE facility; or
    (ii) Any contractor or subcontractor that provided services, 
including construction and maintenance, at such a facility; or
    (iii) A beryllium vendor, or of a contractor or subcontractor of a 
beryllium vendor, during a period when the vendor was engaged in 
activities related to the production or processing of beryllium for sale 
to, or use by, the DOE, including periods during which environmental 
remediation of a vendor's facility was undertaken pursuant to a contract 
between the vendor and DOE; and
    (3) The civilian employee was exposed to beryllium in the 
performance of duty by establishing that he or she was, during a period 
when beryllium dust, particles, or vapor may have been present at such a 
facility:
    (i) Employed at a DOE facility (as defined in Sec.  30.5(x) of this 
part); or
    (ii) Present at a DOE facility, or at a facility owned, operated, or 
occupied by a beryllium vendor, because of his or her employment by the 
United States, a beryllium vendor, a contractor or subcontractor of a 
beryllium vendor, or a contractor or subcontractor of the DOE. Under 
this paragraph, exposure to beryllium in the performance of duty can be 
established whether or not the beryllium that may have been present at 
such facility was produced or processed for sale to, or use by, DOE.
    (b) The employee has one of the following:
    (1) Beryllium sensitivity as established by an abnormal beryllium 
LPT performed on either blood or lung lavage cells.
    (2) Established chronic beryllium disease.
    (3) Any injury, illness, impairment, or disability sustained as a 
consequence of the conditions specified in paragraphs (b)(1) and (2) of 
this section.