[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: 20CFR30.212]

[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 
 
                     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,

[[Page 97]]

or by an atomic weapons employer at 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, 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.