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 30
... specifications were discretionary since each employed the word " should " rather than " must . " Thompson v . Dilger , 696 F. Supp . 1071 ( E.D. Va . 1988 ) . DFE bars suit for encouraging and failing to supervise private weaponry ...
... specifications were discretionary since each employed the word " should " rather than " must . " Thompson v . Dilger , 696 F. Supp . 1071 ( E.D. Va . 1988 ) . DFE bars suit for encouraging and failing to supervise private weaponry ...
Page 77
... specifications and provided the products , but failed to warn the workers of the dangers they faced while working with these products . When , in the late 1960's , the Government sought to remove asbestos from the products it pur ...
... specifications and provided the products , but failed to warn the workers of the dangers they faced while working with these products . When , in the late 1960's , the Government sought to remove asbestos from the products it pur ...
Page 81
... specifications and provided the asbestos industry wrote the products but failed to warn faced while working with the products . When in the late 1960's the government sought to remove asbestos from the products it purchased , the ...
... specifications and provided the asbestos industry wrote the products but failed to warn faced while working with the products . When in the late 1960's the government sought to remove asbestos from the products it purchased , the ...
Page 82
... specification defense " . This tack has been rather unsuccessful . For example , in June of 1989 , a New York Court held that government contractor defense is not available to the manufacturers of asbestos products . ' Failing to win in ...
... specification defense " . This tack has been rather unsuccessful . For example , in June of 1989 , a New York Court held that government contractor defense is not available to the manufacturers of asbestos products . ' Failing to win in ...
Page 105
... specifications . See , for example , Answers to Interrogatories filed by H. K. Porter Company in 1981. In answer to Interrogatory No. 16 , H. K. Porter stated : - -- 49. The National Emissions Standards for Hazardous Air Pollutants ...
... specifications . See , for example , Answers to Interrogatories filed by H. K. Porter Company in 1981. In answer to Interrogatory No. 16 , H. K. Porter stated : - -- 49. The National Emissions Standards for Hazardous Air Pollutants ...
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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.