Department of Labor updates eligibility requirements for current, former nuclear weapons workers seeking benefits for beryllium sensitivity

WASHINGTON - The U.S. Department of Labor announced today a final rule updating eligibility requirements for current and former nuclear weapons workersseeking to file benefits claims related to beryllium sensitivity and making benefits available to people once deemed ineligible will be published in the Federal Register on Tuesday, July 16.

Issued by the department's Office of Workers' Compensation Programs, the final rule revises regulations governing the Energy Employees Occupational Illness Compensation Program Act. The EEOICPA provides lump sum compensation and medical benefits to current and former nuclear weapons workers whose illness is the result of working in the nuclear weapons industry.

In December 2023, the National Defense Authorization Act for fiscal year 2024 changed eligibility requirements for those filing claims for beryllium sensitivity to allow previously ineligible claimants to obtain benefits. OWCP's final rule makes related updates to EEOICPA eligibility requirements.

Before the update, a claimant could only establish beryllium sensitivity by presenting one abnormal beryllium lymphocyte proliferation test performed on blood or lung lavage cells. Under the new regulations, beryllium sensitivity can now also be established by submitting three borderline beryllium lymphocyte proliferation tests of blood cells in the three-year period.

Shortly after the new provision was signed into law, the Division of Energy Employees Occupational Illness Compensation updated policies and procedures for assessing beryllium sensitivity claims to ensure the division accepted all new claims meeting the criteria. It also developed a list of cases denied for beryllium sensitivity to reviewing them and determine if they meet the new criteria. If the division determines the new criteria are met, it will reopen and accept the case, and award benefits retroactively to the original filing date.

In early 2024, the division began efforts to inform stakeholders of the change in criteria. Outreach efforts included in-person outreach events, webinars, emails to stakeholder distribution lists, website updates and information provided to individuals through DEEOIC Resource Centers in-person and by phone. The division continues to provide information on eligibility for beryllium sensitivity online, through its resource centers and at in-person outreach events nationwide.

"The U.S. Department of Labor encourages former nuclear weapons workers or their survivors to contact our Resource Centers with questions about changes to the new eligibility requirements," said Division of Energy Employees Occupational Illness Compensation Director Rachel Pond. "Our centers can provide answers about eligibility or other program matters and assist with filing claims or reopening claims denied before the updates announced today."

Since 2001, the EEOICPA has paid more than $26 billion in compensation and medical benefits to current and former nuclear weapons workers in the U.S. whose illness resulted from work in the nuclear weapons industry. For more information, stakeholders are encouraged to call the Resource Center at (866) 888-3322.

Learn more about the Office of Workers' Compensation.