[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: 20CFR30.5]

[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 
 
                      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 (NIOSH) 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 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 for 
significant residual radioactive contamination.

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    (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 
NIOSH 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 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.

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    (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 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 has adopted the determinations of the Department of Energy 
regarding Department of Energy facilities that were contained in the 
list of facilities published in the Federal Register on August 23, 2004 
(69 FR 51825). DOL will periodically update this list as it deems 
appropriate in its sole discretion by publishing a revised list of 
Department of Energy 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.
    (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

[[Page 86]]

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 
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 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

[[Page 87]]

    (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