Government Observation of Safety and Health Standards: Hearing Before the Subcommittee on Courts and Administrative Practice of the Committee on the Judiciary, United States Senate, One Hundred First Congress, Second Session, on S. 464 ... February 20, 1990U.S. Government Printing Office, 1990 - 129 pages |
Other editions - View all
Common terms and phrases
actions apply asbestos companies asbestos dust asbestos exposure asbestos industry asbestos litigation asbestos manufacturers asbestos products Asbestos Victims Campaign asbestos-containing asbestosis Association bill billions of dollars Chairman committee Congress contract contractor court held COURTS AND ADMINISTRATIVE damages defense delay Department of Justice discretion discretionary function exception discretionary function immunity Eagle-Picher employees enacted exposure to asbestos failed to warn failure February 20 federal government Federal Tort Claims FTCA H. K. Porter hazards of asbestos health and safety health standards HOWELL HEFLIN injuries insulation insurers James Reed Johns-Manville Judgment Fund Lanza legislation lung cancer mesothelioma occupational safety operated OSHA pending plaintiffs policy judgments POPPER protect Q.A.M.A. members Raybestos-Manhattan regulations regulatory responsibility risk safety and health safety standards Schwartz Senator HEFLIN Senator THURMOND shipyards sovereign immunity specifications STATEMENT SUBCOMMITTEE ON COURTS Supp Tort Claims Act tort liability United Vorwald W.R. Grace workplace safety World War II
Popular passages
Page 16 - Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the Federal agency, or an employee of the Government, whether or not the discretion involved be abused.
Page 16 - ... assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights...
Page 92 - Kaylo is capable of producing abestosis, it is better to discover it now in animals rather than later in industrial workers. Thus the company, being forewarned, will be in a better position to institute adequate control measures for safeguarding exposed employees and protecting its own Interests.
Page 17 - ... the same conduct by a private individual would be tortious." It was not "intended that the constitutionality of legislation, the legality of regulations, or the propriety of a discretionary administrative act should be tested through the medium of a damage suit for tort. The same holds true of other administrative action not of a regulatory nature, such as the expenditure of Federal Funds, the execution of a Federal project and the like.
Page 88 - I quite agree with you that our interests are best served by having asbestosis receive the minimum of publicity. Even if we should eventually decide to raise no objection to the publication of an article on asbestosis...
Page 15 - Annual Report of the Secretary of Labor Under the Federal Mine Safety and Health Act of 1977 /Fiscal Year 1988. Volume One; Volume Two reports on Bureau of Mines. Guide to Miners' Rights and Responsibilities under the Federal Mine Safety and Health Act of 1977 Mine Injuries and Worktime.
Page 55 - The American University Washington College of Law 4400 Massachusetts Avenue, NW Washington, DC 20016 202-885-2606 3.
Page 17 - Mr. MCLAUGHLIN. No right of subrogation is set up? "Mr. SHEA. Not against the employee." See Hearings before the House Committee on the Judiciary on HR 5373 and HR 6463, 77th Cong., 2d Sess., pp.
Page 16 - Such damage or loss was caused by the negligent or wrongful act or omission of any employee of the Government acting within the scope of his office or employment.
Page 50 - Air Force failed to apply safety requirements for employees of private contractor engaged in cleaning up fuel at an Air Force station. Widow of an employee of a defense contractor brought a wrongful death claim against the US The employee was at an Air force station, cleaning up solid fuel that had fallen to the bottom of a test silo from a missile test failure when the propellant ignited, killing the employee. The widow alleged that the Air Force was negligent and failed to comply with a Department...