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 |
From inside the book
Results 1-5 of 23
Page 7
... risk . This seems altogether a bad bargain for the taxpayer , especially when one con- siders the comments which I have had the chance to read before this testimony today of the victims and putative victims of some of these situations ...
... risk . This seems altogether a bad bargain for the taxpayer , especially when one con- siders the comments which I have had the chance to read before this testimony today of the victims and putative victims of some of these situations ...
Page 12
... risk . This seems altogether a bad bargain for the taxpayer . The Impact on Litigation of 8. 464 The discretionary function exception bars many kinds of suits arising from government regulatory , contracting and enforcement activities ...
... risk . This seems altogether a bad bargain for the taxpayer . The Impact on Litigation of 8. 464 The discretionary function exception bars many kinds of suits arising from government regulatory , contracting and enforcement activities ...
Page 20
... risk and burden envisioned by S. 464 would constitute a corporate windfall in a time of fiscal constraint with private corporations gaining at the expense of the public treasury . Where private parties could be added to litigation in ...
... risk and burden envisioned by S. 464 would constitute a corporate windfall in a time of fiscal constraint with private corporations gaining at the expense of the public treasury . Where private parties could be added to litigation in ...
Page 27
... risks and lead pollution dangers where decision to conduct further study while refusing to take immediate remedial action or accept lead company's offer to clean up area is based largely upon policy considerations . FOURTH CIRCUIT ...
... risks and lead pollution dangers where decision to conduct further study while refusing to take immediate remedial action or accept lead company's offer to clean up area is based largely upon policy considerations . FOURTH CIRCUIT ...
Page 40
... risks associated with exposure to asbestos dust was not " discretionary . " See Dube v . Pittsburgh - Corning , 870 F.2d 790 ( 1st Cir . 1989 ) . The court said that the Government had not exercised a policy judgment " not to warn ...
... risks associated with exposure to asbestos dust was not " discretionary . " See Dube v . Pittsburgh - Corning , 870 F.2d 790 ( 1st Cir . 1989 ) . The court said that the Government had not exercised a policy judgment " not to warn ...
Other editions - View all
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.