Exposure in the performance of duty
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(a) BerylliumA covered beryllium employee shall, in the absence of substantial evidence to the contrary, be determined to have been exposed to beryllium in the performance of duty for the purposes of the compensation program if, and only if, the covered beryllium employee was—
(1)
employed at a Department of Energy facility; or
(2)
present at a Department of Energy facility, or a facility owned and operated by a beryllium vendor, because of employment by the United States, a beryllium vendor, or a contractor or subcontractor of the Department of Energy,
during a period when beryllium dust, particles, or vapor may have been present at such facility.