C.F.R. » Title 42 » CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—OCCUPATIONAL SAFETY AND HEALTH RESEARCH AND RELATED ACTIVITIES › PART 81—GUIDELINES FOR DETERMINING PROBABILITY OF CAUSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000 › Subpart C—Data Required To Estimate Probability of Causation

42 C.F.R. § 81.6

Use of radiation dose information

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Determining probability of causation will require the use of radiation dose information provided to DOL by the National Institute for Occupational Safety and Health (NIOSH) under HHS regulations 42 CFR part 82. This information will include annual dose estimates for each year in which a dose was incurred, together with uncertainty distributions associated with each dose estimate. Dose estimates will be distinguished by type of radiation (low linear energy transfer (LET), protons, neutrons, alpha, low-energy x-ray) and by dose rate (acute or chronic) for external and internal radiation dose.

Notes of Decisions
Cited in 2 cases, 2018–2020 · leading case: Still v. United States Dep't of Labor (D.D.C. 2020).
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Still v. United States Dep't of Labor (D.D.C. 2020). · cites it 2× “§ 7384n; 42 C.F.R. § 81.6 . If the probability of causation is equal to or greater than fifty percent, it is “at least as likely as not” that exposure to radiation at a DOE facility caused the cancer, and therefore the claimant is eligible for compensation.”
Young v. United States Dep't of Labor (D.D.C. 2018). “See 42 C.F.R. § 81.6 (requiring DOL to use the radiation dose information provided by NIOSH).”
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