COMMITTEE ON THE JUDICIARY ONE HUNDRED FIRST CONGRESS SECOND SESSION ON S. 464 67 A BILL TO PROMOTE SAFETY AND HEALTH IN WORKPLACES OWNED, FEBRUARY 20, 1990 Serial No. J-101-57 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON 1990 28-714 For sale by the Superintendent of Documents, Congressional Sales Office RONALD A. KLAIN, Chief Counsel DIANA HUFFMAN, Staff Director TERRY L. WOOTEN, Minority Chief Counsel and Staff Director SUBCOMMITTEE ON COURTS AND ADMINISTRATIVE PRACTICE HOWARD M. METZENBAUM, Ohio CHARLES E. GRASSLEY, Iowa WINSTON LETT, Chief Counsel and Staff Director (II) 90-601549 KF26 CONTENTS STATEMENTS OF COMMITTEE MEMBERS Heflin, Hon. Howell, a U.S. Senator from the State of Alabama... PROPOSED LEGISLATION S. 464, 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 clarify- ing United States' responsibility for harm caused by its negligence at any workplace owned by, operated by, or under contract with the United States. CHRONOLOGICAL LIST OF WITNESSES Stuart M. Gerson, Assistant Attorney General, Civil Division, U.S. Depart- Panel consisting of Victor E. Schwartz, partner, Crowell & Moring, and adjunct professor of law, Georgetown University Law Center, Washington, DC, on behalf of Eagle-Picher Industries, Inc.; and Andrew F. Popper, professor of law, and deputy dean, American University Washington Col- Panel consisting of James Reed, legislative director, Asbestos Victims Cam- paign, Inc., Brookline, MA; and Susan Nial, Ness, Motley, Loadholt, Rich- ALPHABETICAL LIST AND MATERIAL SUBMITTED Appendix: Decisions applying the discretionary function exception to 27 Nial, Susan: 67 69 70 33 36 |