§7384r — Title 42 The Public Health and Welfare | U.S. Code

Summary

Treats Department of Energy test-site workers who have chronic silicosis as eligible for the federal compensation program unless the President tells Congress there is not enough basis to include them. The President must send that certification and any recommendations no later than 180 days after October 30, 2000. A worker is presumed to have been exposed to silica if they were present for at least 250 work days while mining tunnels at a DOE site in Nevada or Alaska for tests or experiments related to an atomic weapon, unless strong evidence shows otherwise. A "covered employee with chronic silicosis" means a DOE employee or a DOE contractor employee who meets the exposure rule above. "Chronic silicosis" means a noncancer lung disease when first job exposure was at least 10 years before symptoms, and a doctor’s written diagnosis is supported by either a chest x‑ray read by a NIOSH‑certified B reader showing pneumoconioses of category 1/0 or higher, a CT or similar imaging consistent with silicosis, or a lung biopsy that shows silicosis.

Title 42, §7384r

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Congress finds that employees who worked in Department of Energy test sites and later contracted chronic silicosis should also be considered for inclusion in the compensation program. Recognizing that chronic silicosis resulting from exposure to silica is not a condition unique to the nuclear weapons industry, it is not the intent of Congress with this subchapter to establish a precedent on the question of chronic silicosis as a compensable occupational disease. Consequently, it is the sense of Congress that a further determination by the President is appropriate before these workers are included in the compensation program.

(b)A covered employee with chronic silicosis shall be treated as a covered employee (as defined in section 7384l(1) of this title) for the purposes of the compensation program required by section 7384d of this title unless the President submits to Congress not later than 180 days after October 30, 2000, the certification of the President that there is insufficient basis to include such employees. The President shall submit with the certification any recommendations about the compensation program with respect to covered employees with chronic silicosis as the President considers appropriate.

(c)A covered employee shall, in the absence of substantial evidence to the contrary, be determined to have been exposed to silica in the performance of duty for the purposes of the compensation program if, and only if, the employee was present for a number of work days aggregating at least 250 work days during the mining of tunnels at a Department of Energy facility located in Nevada or Alaska for tests or experiments related to an atomic weapon.

(d)For purposes of this subchapter, the term “covered employee with chronic silicosis” means a Department of Energy employee, or a Department of Energy contractor employee, with chronic silicosis who was exposed to silica in the performance of duty as determined under subsection (c).

(e)For purposes of this subchapter, the term “chronic silicosis” means a nonmalignant 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—

(A)a chest radiograph, interpreted by an individual certified by the National Institute for Occupational Safety and Health as a B reader, classifying the existence of pneumoconioses of category 1/0 or higher;

(B)results from a computer assisted tomograph or other imaging technique that are consistent with silicosis; or

(C)lung biopsy findings consistent with silicosis.

Editorial Notes

Amendments

2001—Subsec. (e)(2)(A). Pub. L. 107–107 substituted “category 1/0” for “category 1/1”.

§7384r Separate treatment of chronic silicosis

Summary

Title 42, §7384r

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata