Attention: This bulletin has been superseded and is inactive.

 

EEOICPA BULLETIN NO.02-07

Issue Date: May 7, 2002

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Effective Date: May 7, 2002

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Expiration Date: May 7, 2003

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Subject: Covered time frames for the eight statutory beryllium vendors.

Background: The Energy Employees Occupational Illness Compensation Program Act (EEOICPA) specifically identifies eight corporate entities as beryllium vendors. In doing so, the Act has been interpreted to expand coverage to any employee engaged in beryllium related employment activities occurring concurrently with any period that the company was processing beryllium for the Department of Energy (DOE). These beryllium vendors include the following: Atomics International; Brush Wellman, Incorporated and its predecessor, Brush Beryllium Company; General Atomics; General Electric Company; NGK Metals Corporation and its predecessors, Kawecki-Berylco, Cabot Corporation, Berylco, and Beryllium Corporation of America; Nuclear Materials and Equipment Corporation; StarMet Corporation and its predecessor, Nuclear Metals, Incorporated; and Wyman Gordan, Incorporated.

While the EEOICPA specifically designates these eight corporate entities as beryllium vendors, it is silent on the issue of when each was producing or processing beryllium for sale to, or use by, the DOE. Given this situation, it is within the purview of the Division of Energy Employees Occupational Illness Compensation (DEEOIC) to establish the covered time frames for the statutory beryllium vendors.

The National Office of the DEEOIC has reviewed records maintained by the Department of Energy. Based on this review, the covered time frame for each statutorily named beryllium vendor has been decided. Provided as an attachment to this bulletin is a list of the designated statutory vendors and the corresponding covered time frame for each (Attachment 1). The attachment provides the name of the beryllium vendor, a description of the vendor and a summary of the evidence used to establish the effective date.

The effective dates of coverage are to be used by the Claims Examiner (CE) in determining whether or not an employee, contractor or subcontractor was present at a designated beryllium vendor during a time when the vendor engaged in producing or processing beryllium for use by the Department of Energy.

Reference: 42 USC § 7384l (6) and (7)

Purpose: This bulletin serves to enumerate the covered time frames for the eight statutory vendors named in the EEOICPA. In addition, it provides procedure clarification concerning the use of these time frames in determining covered beryllium employment.

Applicability: All Staff

Actions:

1. Upon receipt of a claim for compensation, the CE reviews the EE-3 Employment History form to determine whether any period of employment for a statutory beryllium vendor is claimed. Consideration should also be granted to contractors or subcontractors of the named vendor.

2. If there is any indication provided on the EE-3 that the named individual was employed at a statutory vendor as an employee, contractor or subcontractor, the CE must verify the employment. The CE should follow the normal routine established in the procedure manual and program bulletins for verifying employment. It is not necessary for the CE to verify the entire period of claimed employment with a beryllium vendor. Once the CE has verified that the individual was employed during any period of covered employment, the CE need not attempt to verify additional claimed employment.

3. If a claimed period of employment is verifiable and the employee was an employee, subcontractor or contractor of a statutory vendor, the CE must determine whether any period of verified employment occurred during a time when the vendor was engaged in processing or producing beryllium for the DOE. It is only necessary for the CE to establish one instance where the period of verified employment overlaps a covered time frame for the named vendor. The CE must consider the fact that these particular eight statutory vendors have been specifically designated in the statute as covered beryllium vendors. A vendor may contain many different facilities located in various locations. The Act does not limit the covered employer to the particular facilities, thus employment with any facility of a statutory vendor during a period when the vendor was concurrently processing beryllium for the DOE is covered. This is true even if the employee was engaged in processing beryllium unrelated to any DOE operation.

The CE should use the information provided in Attachment 1 in making this determination. The CE should compare the dates of verified employment to the dates that have been determined by the National Office to be the time frame when the vendor was engaged in beryllium work for the Department of Energy. If any period of verified employment falls within the covered time frame for the statutory vendor, the CE can proceed with a finding that the employee is a covered beryllium employee as defined in 42 USC § 7384l (7). If the period of verified employment falls completely outside of the covered time frame for the vendor, the CE should follow the procedure for expanding covered time frames (See EEOICPA Bulletin 02-06).

4. If the claimant desires to review the records maintained by the National Office in regard to the covered time frames for the statutory vendors, a signed written request must be submitted to the appropriate district office. The district office will forward any such request directly to the National Office.

 

Disposition: Retain until incorporated in the Federal (EEOICPA) Procedure Manual

PETER TURCIC

Director, Division of

Energy Employees Occupational Illness Compensation

Distribution List No. 1: Claims Examiners, Supervisory Claims Examiners, Technical Assistants, Customer Service Representatives, Fiscal Officers, FAB District Managers, Operation Chiefs, Hearing Representatives, District Office Mail & File Sections


Statutory Beryllium Vendors

Covered Time Frames

1. Atomics International

1954-1966

 

2. Brush Wellman Inc. and

Brush Beryllium Company

1943-2001

 

3. General Atomics

1959-1967

 

4. General Electric

1951-1970

 

5. NGK Metals Corporation and Predecessors

1943-1979

6. Nuclear Materials and Equipment NUMEC

1960-1968

 

7. StarMet Corporation and its Predecessor

Nuclear Metals

1954-1986

 

8. Wyman Gordon

1959-1965