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 |
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Common terms and phrases
actions apply asbestos companies asbestos exposure asbestos industry asbestos litigation asbestos manufacturers asbestos products Asbestos Victims Campaign asbestos-containing asbestosis Association bill billions of dollars Chairman committee CONGRESS LIBRARY CONGRESS THE LIBRARY contract contractor 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 injuries insulation insurers James Reed Johns-Manville Judgment Fund Lanza legislation LIBRARY OF CONG LIBRARY OF CONGRESS lung cancer 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
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 120 - The United States shall be liable * * * in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages.
Page 43 - ... a quarantine by the United States. (h) Claims arising from willful torts — assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, negligent or intentional misrepresentation, deceit, or interference with contract rights. (i) Claims for damages caused by fiscal operations of the Treasury or by regulation of the monetary system. (j) Claims arising from combat activities of military forces during time of war. It has been held that wartime target...
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 4 - OXLEY) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To promote safety and health in workplaces owned, operated, or under contract with the United States by clarifying the United States' obligation to observe occupational safety and health standards and clarifying the United States' responsibility for harm caused by its negligence at any workplace owned by, operated by, or under contract with the United States. 1 Be it enacted by the Senate and House of...
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 63 - Congress' willingness to impose tort liability upon the United States and its desire to protect certain governmental activities from exposure to suit by private individuals.
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.