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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Page 2
... effect . It would encourage long , pro- tracted civil litigation in the Federal courts , and these courts are now so overburdened with criminal cases that civil cases aren't heard . Civil cases may become as extinct as the do - do bird ...
... effect . It would encourage long , pro- tracted civil litigation in the Federal courts , and these courts are now so overburdened with criminal cases that civil cases aren't heard . Civil cases may become as extinct as the do - do bird ...
Page 7
... effect . In any event , we believe it inappropriate to permit the judgment fund to be used to defray costs engendered in the course of oper- ation of a Government contract . Besides the overwhelming pure cost of such a shift , we think ...
... effect . In any event , we believe it inappropriate to permit the judgment fund to be used to defray costs engendered in the course of oper- ation of a Government contract . Besides the overwhelming pure cost of such a shift , we think ...
Page 19
... effect . If the United States were to be held liable for " violation of occupational safety or health standards ” it would inevitably and necessarily seek to join as defendants the directly responsible tortfeasors , i.e. , the owners of ...
... effect . If the United States were to be held liable for " violation of occupational safety or health standards ” it would inevitably and necessarily seek to join as defendants the directly responsible tortfeasors , i.e. , the owners of ...
Page 20
... effect , open the courthouse door to persons who were federal workers and prohibited from directly proceeding against the government . For example , a manufacturer sued by an employee could turn around and add the United States as a ...
... effect , open the courthouse door to persons who were federal workers and prohibited from directly proceeding against the government . For example , a manufacturer sued by an employee could turn around and add the United States as a ...
Page 22
... over the many new questions would be necessary . The effect of litigation might well be to enable the workers ' compensation statutes to be evaded indirectly through the means of suit against the United States - 14 - 22.
... over the many new questions would be necessary . The effect of litigation might well be to enable the workers ' compensation statutes to be evaded indirectly through the means of suit against the United States - 14 - 22.
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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 contract contractor court held COURTS AND ADMINISTRATIVE damages defense delay Department of Justice discretion discretionary function exception discretionary function immunity Eagle-Picher employees enacted exposed to asbestos failed to warn failure FEBRUARY 20 federal government Federal Tort Claims FTCA government's 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 negligence 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 17 - Government shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Government in carrying out the provisions of this section.
Page 17 - The provisions of this chapter and section 1346 (b) of this title shall not apply to: (a) 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...
Page 93 - 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 18 - ... 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 89 - 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 44 - ... 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 64 - 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 16 - 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 56 - The American University Washington College of Law 4400 Massachusetts Avenue, NW Washington, DC 20016 202-885-2606 3.
Page 18 - 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.