OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
December 13, 1988
|MEMORANDUM FOR:||REGIONAL ADMINISTRATORS
|FROM:||LEO CAREY, DIRECTOR
OFFICE OF FIELD PROGRAMS
Attached for your information is a recent memo from the Solicitor of Labor concerning tort claims involving federal employees. It is our understanding that although the Federal government can still be sued under the Federal Tort Claims Act, CSHO's can no longer be sued in their individual capacity. Under, rare circumstances, they could still be sued for a constitutional infraction, e.g., violation of due process or revealing a confidential source.
Please notify your employees that if anyone is sued, they should alert my office through the Regional Administrator and the Regional Solicitor's office immediately, as a time limitation is imposed.
November 30, 1988
|MEMORANDUM FOR||ASSOCIATE SOLICITORS
ASSOCIATE REGIONAL SOLICITORS
|FROM:||GEORGE R. SALEM
|SUBJECT:||Federal Employees Liability Reform and Tort Compensation Act of 1988|
President Reagan signed the Federal Employees Liability Reform and Tort Compensation Act of 1988 (Public Law 100-694) on November 18, 1988. The purpose of the Act is to protect Federal employees from personal liability for common law torts that are committed within the scope of their employment. The Act makes the Federal Tort Claims Act the exclusive remedy for individuals who suffer a loss arising out of a federal employee's conduct. Pending on, or filed on or after November 18, 1988. The Act expressly does not apply to constitutional claims or to claims based upon a federal statute authorizing suit against individuals. Under the Act, the Attorney General or his designee (i.e., U.S. Attorneys and Tort Branch Directors) shall make a certification that the employee was acting within the scope of their office or employment at the time the incident occurred. Once this certification is issued, the Court must dismiss the individual defendant and substitute the United States as the sole defendant in the action.
Attached is a copy of the Department of Justice's memorandum relating to this Act. Included in the Justice Department package is a copy of the Act, its legislative history and an analysis. Also included is a sample Certification and Memorandum in Support of a Motion to Substitute the United States. If you have any questions, please contact Larry F. Gottesman, Acting Counsel for Claims, Division of Employee Benefits at (FTS/202) 357-0439.