A bill to clarify the United States' obligation to observe occupational safety and health standards and to clarify the United States' responsibility for harm caused by negligence at any workplace owned by, operated by, or under contract with the United States.

Summary

Makes the legal defense of discretionary function provided under specified Federal law and the legal doctrine of foreseeability of damages inapplicable to any legal or administrative proceeding for damages arising out of U.S. violation of occupational safety or health standards or U.S. negligence at any workplace owned or operated by or under contract with the United States. Prohibits the foreseeability doctrine from being used to limit the amount or kind of damages otherwise available to the plaintiff. Sets forth a statute of limitations of two years after the date of enactment of this Act or after the date of the harm. Establishes a National Registry of Government Litigants, within the U.S. Claims Court, to collect and maintain data regarding claims against the United States predicated (in whole or in part) upon U.S. violation of safety and health standards. Allows any person seeking damages from the United States on the basis (in whole or part) of harm resulting from U.S. violation of safety and health standards to file a notice of such fact with the U.S. Claims Court, within 30 days after commencement of such action (whether administrative or judicial in character). Directs the chief judge of the U.S. Claims Court to report annually to the Congress on the number of, and relevant facts and common characteristics underlying, such notices filed within the Registry.

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1 official file

• Introduced in Senate

  summary · EN · 10 August 1988

  Open at official source

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