To establish eligibility for benefits under this section, the
claimant must establish the criteria set forth in pargraphs (a) and (b)
of this section:
(a) The employee is a covered beryllium employee by establishing:
(1) The employee is a ``current or former employee as defined in 5
U.S.C. 8101(1)'' (see Sec. 30.5(r) of this subpart) 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 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; and
(3) The employee was exposed to beryllium in the performance of
duty by establishing that he or she was:
(i) Employed at a DOE facility (as defined in Sec. 30.5(o) of this
subpart); or
(ii) Present at a DOE facility, or a facility owned and operated by
a beryllium vendor, because of his or her employment by the United
States, a beryllium vendor, or a contractor or subcontractor of the
DOE; during a period when beryllium dust, particles, or vapor may have
been present at such a facility.
(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.
